From our initial parenting plan starting a few weeks after my son was born, the father was ordered to pay me x amount a month, which did not include child care costs. Fast forward five years, Father has been paying me the same amount in child support and we verbally agreed that we would split the child care expense 50/50 (even though the income difference is about 25/75... me 25% him 75%). I've have been diligent getting my half paid on time every month. However, I just found out there is an outstanding balance because the father has not made a payment since February. We are waiting for the county to recalculate the child support (which I have been telling him to get done for years, but he hasn't and I don't find it as my responsibility since I have enough on my plate.) Am I responsible or will I be held responsible for paying that balance? It's absurd because he went on an exotic vacation, which is most likely why he couldn't pay his half.
He is also initially ordered to pay me child support on the 5th and 20th of every month. However, he has been paying late. Last month I received the full amount on April 30th. Is that even an issue or should I just let that go?
If there is no order requiring him to contribute to day care costs, then he is under no obligation to pay them. If you reach agreements which are different from existing court orders, those agreements should be put in writing, signed by both of you, and filed with the court to be made orders. As far as recalculating support, if his support payment is not going to go down, he is unlikely to seek a modification and is not obliged to do so. Similarly, if you think his payment would go down if recalculated, you are under no obligation to initiate proceedings which would lower support. As for his late payment, you could ask the county Child Support Enforcement Unit to implement an Income Assignment for you, so support would be taken out of his paycheck. Judges are more concerned with the multitude of parents who are not receiving any support.
This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.
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