Legal Question in Family Law in Colorado

Daycare changes, do I have to pay?

My ex has joint custody of our two kids. She has has them in a home daycare and decided when the school year started that she would switch them to a daycare center. The cost is twice as much and I am responsible for paying 75% of daycare. Does she have the right to change the daycare and expect me to incur the additional cost?

I have told her I am only going to pay 75% of what the home daycare amount was. Should I take this to court and get something changed so that I do not get caught in the retroactive clause and have to pay it to her anyway, even though the judge rules in my favor?

Additional info: The kids were in private school and she recently removed them and put them in the very terrible Rochester City School District. She claimed financial hardships. Then she turns around and enrolls them in an expensive daycare center. Don't I have the same rights as her to be protected from expensive costs?

Thanks for the help!

Asked on 10/31/02, 1:47 pm

1 Answer from Attorneys

John Hayes The Law Office of John M. Hayes

Re: Daycare changes, do I have to pay?

One can't determine from your item whether there is already an "interstate" child support case 'on the dockets' - - are you in Colorado?

The best answer to your question you already know: Yes. You should go to court & petition or you will likely confront at least the risk of being hit with some order later on for retroactive payments, if she petitions alleging that you have violated the terms.

Good luck.

Regards, etc.,

J. M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 10/31/02, 3:08 pm

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