My husband is getting his son for the first summer this year, his ex wants us to pay for the childcare that she has him enrolled in while we have him, our paperwork doesn't clarify who is responsible. She is still receiving support for the time we have him. What is the appropriate way to handle this legally?
Answer
All he owes her is child support unless ordered to pay for daycare.
However, if the child attends school while in your husband's possession during HIS period of summer possession then HE pays for it. He is responsible for the child while in his possession. He is also free to register the child at any daycare center he wants to use or have a relative watch the child when he is at work. Some folks actually take time off from work during their summer visit to spend with the child.
If the child is not at the daycare center, then most allow that month's fee to stop. If he does not use the daycare center for that month, then he does not pay.
Most court orders never addresses this issue.
Hopefully this makes sense now.
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