Can the custodial parent force the non custodial parent to pay daycare if the non custodial parent cant afford it?

Asked over 1 year ago - Riverhead, NY

But have other arrangement which is not out both parents way. I Pay child Support, I am current with the support. It is court ordered that I pay 67% , I explain to the custodial parent several times that I cannot afford to send the child to daycare. That I have other arrangements that is not out the way.
(The Custodial Parent was not Working at the time). Now the custodial parent is trying to take me to court for back child care.

Additional information

What can I Do as The Non Custodial Parent?

Attorney answers (4)

  1. Marco Caviglia

    Pro

    Contributor Level 19

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    Answered . Your "arrears" in your contribution will probably stand unless you settle with the other parent which would include a forgiveness of the arrears. Going forward, you must be able to persuade the court that there are changed circumstances or alternatives to the ordered daycare amount, as the court presumably came up with your paying 2/3 of the daycare based upon your income and her income and what the proportionate share should be.

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  2. Mark A. Feldman

    Contributor Level 9

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    Answered . You can present the court with your proposal for alternates to daycare. If the suggestion is realistic, then often a court will agree.

  3. Thomas J Callahan

    Contributor Level 18

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    Answered . Short answer, no. All would have to be brought before a judge. Other parent would need to seek modification to add daycare cost - you should argue it is already covered within child support amount, in addition that you cannot afford it owing to what seems like an already high amount (percentage wise) of child support. Definitely bring up your alternative plan.

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  4. Morghan L Richardson

    Pro

    Contributor Level 13

    Answered . You can also argue that you shouldn't have to pay arrears for care when the custodial parent wasn't working or looking for work. And you can argue that you shouldn't have to pay for care that you never were presented a receipt for (if that is a provision in your order). Consult with a local attorney to figure out your best arguments based on the details of your orders.

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