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  1. #1
    MAW
    MAW is offline Junior Member
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    Oct 2008
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    Default child care expenses dispute

    In our marriage settle agreement it states " x-wife is responsible for all child care expenses relating to employement including summer child care". The kids spend about 43% of their time with me.

    As many others I lost my job while going through the divorce and it states it all of the MSA. I have not really had a need for the kids to go to the after school program because I have the time to pick them up. However i have enrolled in a job specific school that lasts a couple of weeks and the x-wife is refusing to pay for me to use the after school program. She claims that going to school is not employement. She says that if she does pay it i have to prove to her that I am going to school.

    Isn't the key word here "related" or am I out to lunch?

    Doesn't the general provision statement found in most MSA's about not interferring with employment mean that it is none of her business?

    Thanks in advance
    MAW

  2. #2
    Attorney Howard Iken's Avatar
    Attorney Howard Iken is offline Administrator
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    Default

    This is a gray area. She may be right - but then again, you have a good argument. What I am saying is that she does not have to pay for the daycare unless you convince a judgeicon otherwise.

    But that is only my opinion. Don't take it as an absolute.

    Attorney Howard Ikenicon

    Announcing our new Orlando office: Orlando Divorce Attorney Location

  3. #3
    The Divorce Center Guest

    Default Daycare

    Technically, the daycare does have to be job related and that does not seem to be the case here. If she is willing to pay it, then provide her the proof you are going to school. Seems fair and reasonable to me.

    Attorney Brian Arrighi

    Announcing our new Orlando office: Orlando Divorce Attorney Location

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