Legal Question in Credit and Debt Law in Michigan

If the FOC is already involved, then you need to appear for the small claims hearing and advise the judge or magistrate of that. The FOC, a branch of the circuit court that handles matters involving children, has jurisdiction over custody, support, and payment of any medical bills, special needs, daycare, etc. - whatever is applicable in your situation and/or addressed in any orders or judgments of the court. The FOC will decide if you should be responsible for any portion of the daycare, and how far back to go. The mother cannot enroll the child in daycare, not ask for your contribution for 2 years, and then ask to be reimbursed several years later, unless this was included in any prior FOC orders. Simply because you did not agree to put the child in daycare does not negate your responsibility to pay a portion, half or otherwise, of the daycare expenses.

When you appear in small claims court, bring documentation and evidence with you that shows the FOC is currently investigating and has jurisdiction of this issue. The mother also needs to provide proof of her daycare expenses and that it is "necessary" 5 days a week, or whatever the case may be. You should ensure that the FOC is aware of the fact that 5 days a week of daycare may not be necessary if the mother is only working 2 days a week. However, a parent can still put their child in daycare for reasons other than working.

If you are able to retain a lawyer to assist with these matters, please feel free to contact me. Thank you.