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I pay my ex for daycare. she hasnt been sending our child but istelling me she is. can i get that money back

Cranston, RI |

she hasnt sent her in a few months but told me she was. Am i entitled to the money I was paying for daycare back from her?

Attorney Answers 3

Posted

I am sorry that you are going through this, if it is a court order you will need to file a motion and ask, many time retroactivity is allowed but it depends upon the local rules and the facts, however, the most important thing you can do is stop the bleeding of money by filing a proper motion. take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

Consult with a local experienced family law attorney to file a motion to seek a refund and to stop paying going forward for an expense that is not occurring.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Posted

If the court ordered you to pay, you should not stop until a court says you can stop.

If it is a court ordered payment in Rhode Island, you need to file a motion to reduce the amount based on the changed circumstances. Ideally, a lawyer would do that but you can do it on your own. (Go to the Clerk's Office of family court about 2 PM and be very, very nice. The clerks are not allowed to give you legal advice but they can give you a form and schedule the hearing for you. You will then have to make sure your ex gets a copy of the motion and notice of the hearing.

Similarly, if you ever lose your job and cannot pay, you must go to court and ask to have the order changed. If you just stop paying, even if your ex agrees you can stop, you are legally still obligated to pay until a court says otherwise.

I am not your attorney and I am not giving legal advice. I am giving you general information about the law. To give you legal advice I would first have to learn more about the facts and circumstances of your particular situation. The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

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