Daycare Reimbursement Insanity
PLEASE HELP ME GAIN INSIGHT ON THIS, if there is any.
Before I get into it, let me give you the facts.
DH income : around 55k gross
CS BM1: 300 every other week, age 10
CS BM2: 400 every other week + 46% of daycare or medical , age 2.5
BM2 Income: around 110k gross
Original court date : July 2020
Taken back to court : BM2 filed in January 2021 (court date soon) for inconsistent daycare reimbursement
CS ARREARS: No
Daycare Reimbursement Arrears: Yes
BM2 enrolled child in daycare at the rate of 350 a week. She also does not work year round and enjoys summers off, etc. I'm sorry, but if she is demanding another $322 dollars (in addition to the 400) every other week (his prorata portion) out of my DH 55k salary, then I want to stick by what the actual law says, which is that reimbursement for daycare must be work-related or for the mom to attend school or looking for work.
I found the actual section of the state law where it said just that ... word for word and we sent it, but she states that this is just our interupption of the law and we are liable to pay whether she goes to work on not.
do you think we are actually liable to pay this year round?
DH only communicates with her via email at this point due to the vindicating, lying and sick ways on BM2 to do whatever it is she can to ruin our lives (for some reason).
The first time in court, all required documents were sent and the support magriagtate did not deduct prior CS order in place that was paid per his divorce agreement with BM1. Our prorata was also based on her 2019 income for the only year she happened to make 30k less then normal. Husband made slightly more. Her payroll records are posted online so it's not that hard to see for myself that she filed for CS after the only year her pay dipped 30k.
We hired an attorney prior to her sending a violation for inconsistent payment of add on expenses. That was 3500 we borrowed. He Doesn't guarantee or give me me hope future payments will be based on what is fair. He just now got around to sending us a 2 page affidavit after being retained for almost two months. court still doesn't even know my DH even has a lawyer. It's like a waste of 3500 at this point.
The child started daycare in November. My DH gets paid every two weeks. In December, our whole house had Covid and he did not get paid time off because he used it all for our child's major surgery and complications thereafter, also in the late summer of 2020. My husband qualified for no Covid assistance during that time frame.
It feels literally impossible to catch up with the daycare reimbursement on top of everything else. My DH does have expenses related to actually getting to work and im Not sure how much more I can take on. Do they expect me to just pay his entire full net check without any additional for things like his food or his gas to get to work. Or is that just my responsibility now ?
I have gotten a second FT job at home to keep us afloat. I am a professional and was able to be a single mom supporting me and my daughter (with the house I owned) but it was tight. Now it's like I have to support two additional people plus cover everything support related that his salary won't, as well?
I'm sorry, this is why I don't feel like we should pay for daycare for summers off or even weeks off when child is not even attending. even if he did attend, why should we paying so she can have some time to herself ? The law states work related only. And I'm over here working two jobs to support everyone.
For example - his paycheck Friday was net 1344 for two weeks. So 400 + 300 mandatory support child supports and then 600 paid to try to catch up with daycare payments. I was only left with 44 dollars from his check? How exactly am I ever supposed to catch him up when it grows at such an increasing rate and there just isn't enough out of his check every paycheck considering he does have his portion of cell phone and car insurance.... or even simple items like his own food.
I can't imagine if he had to afford any basic necessities of life.
I am growing extremely bitter and angry. Not about being the breadwinner, but for being indirectly responsible and bullied into paying this money. It feels like I am working so much harder in life that really is just for her benefit.
I never met or spoke with BM and due to all that has already happened (which I did not even include in the info above), I just can't stand to think the next two decades will consist of having to keep going to court for more and more and more money that just is not there.
Not looking for judgements or advice to simply get divorced. I just want to know if YOU think we are required to pay daycare year round when not always needed ?