Home > Research Legal Advice > Child Support > I pay my ex for daycare. she hasnt been sending our child but istelling ...
Asked 4 months ago - Cranston, RI
Flagshe 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?
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.
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.
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