I am the primary custodial parent and have sole decision making rights for both of our 2 children. His stance is that because of this fact, I should be responsible for finding care and paying for childcare when he needs to cancel on one of his regularly scheduled days and that is why he "pays so much in child support"
He is wrong, although this is a difficult issue to deal with.
During his parenting time, he is responsible for arranging care for the children. Have you seen the cough syrup commercial? Dad's don't get to "cancel" on their children. Parents don't get a day off.
Getting this across to your ex is the tricky part. However, if he is routinely unable to take care of the children during his parenting time, you should consider modifying the orders to reduce the time the children are supposed to be with your ex.
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If you are incurring work or education related child care expenses because he is not exercising his time he should ultimately be responsible for such. To make him responsible you will need to seek some sort of relief from the court, whether modifying the support or day care orders or some other form of relief. The base child support is not for child care expenses you pay for his time. You should consult with a family law attorney to discuss specifics.
Any answer provided is for general information purposes only and should not be construed as creating an attorney-client relationship with Stephen J. Plog or Plog & Stein, P.C.
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