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I don't feel as though you should stand ashamed. You are looking for opinions and everyone is giving you some. I don't know anything about your particular state, but let me tell you about my state, NYS. The decree should give you a break down of the numbers used to determine CS. In NYS CS is based on combined parental income (CP and NCP's incomes combined) BUT they do NOT take into account how many overnights the parents have to determine CS. The only time NYS may WAIVER from that is during a deviation. Then the courts MAY decide to REDUCE a NCP's CS amount if the NCP has the child for an extended amount of time (more than 4 weeks) and NCP's costs increase while the CP's costs significantly decrease. But as far as CS being based on overnights or parenting time, that is NOT the case in NYS. I do not know how your state works though... In NYS child (daycare) costs are an add on. I do not believe that your H's ex (the CP) could now come after him for daycare costs or for back support since your H never used his time in the Summer. If that was true, she should have modifed the order when this was happening. I can't imagine the courts will now go back years to make it 'right'. Maybe just amend the order and make it right from here on out. In NYS daycare costs are an add on. They are also in ratio to income... So if both parents make $40k/year than daycare would be split 50/50. If one makes $20k and the other makes $40k then daycare costs are split 67/33- you know what I mean? If there is no add on for daycare and CP isn't looking for one, then surely he should take his child for those 6 weeks in the summer and pay the daycare expenses! Could he get her to help in those expenses- yes. But would it be worth it because then she could get your H to pay HIS share in the daycare costs she incurs THROUGHOUT the year, if there is any. Does this make sense to you?? |