Q: My stupid ex is asking me if I am willing to REDUCE the amount he pays me because he is paying for child care expenses now. He got a new job and can’t drop our daughter to school on his visitation days so he hired someone to do it for him. Does that count? If he goes to court can I say that he shouldn’t have changed jobs? He is NOT making a lot more at the new job, I checked. Maybe just $3K difference. And since he doesn’t have time to drop her off at school can I reduce his visitation to weekends and school breaks?
A: David’s Answer: Generally a non-custodial parent doesn’t get credit for childcare expenses, simply because his time is meant to be with the child. Thus, if he can’t spend that time with the child, the child should be returned to your household. That said, if the child would then need to be in your household (if he can’t care for the child), and you can’t care for the child during that time, then childcare would generally be split pro-rata. Schedule a consult with a NYC Child Custody attorney for more info. – David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)