On my rule 11 we agreed to pay 50/50 on daycare, and plus he pays 300 in child support.?
He found out 3months later that the childcare was not put into the final decree, and is refusing to pay it. My lawyer said he could file some paperwork to get it put it. Is this fool proof? Can he without a doubt have it put back in? Is there anything my ex can do to stop it? What is the most probable outcome?? My lawyer went out of town and the suspense is killing me. I reside in Texas, I know the state laws change from state to state.
Answers:
I am a paralegal in South Carolina, so I do not know your state's laws. In SC, if something is left out of an Order, you can do an amended Order or a Supplemental Order. Your attorney will have to submit it to the judge for his signature, and the judge will check in his notes to make sure that was actually ordered at the hearing. If it was Order in which you did not go in front of a judge (agreement between two parties), then your attorney will have to file a motion to have the order amended.
yes he can put a stop to this and fast but
if you fight it you will lose it if you don't get your lawyer to put it in writing now
make he pay his part and soon
this is he kids too so make him pay no matter what
If it is not on the papers in NC you can not go back an put it in. If he cares anything about his child he should agree to pay it and not take it out on the child, but for some reason they do.
You can always request a pay change in his child support if he does not want to pay. 300.00 a month is cheap enough in NC one child gets 100.00 weekly one guy I know pays 150.00 for one child and carries insurance on his child his ex-wife also had it put in there that they are to pay half of college and car.
Unless the court order ( Divorce Stipulations) specify that he pay for half of the daycare expenses, then he is not obligated by law to do so. Your lawyer can amend the Final Stipulations but, unfortunately, it will take time. Once you have a court order that states that he pays half then, if he doesn't, back to court. Your former spouse can always try to stop it but, I doubt that he'll win. It is relatively common, no matter where you live in the US, that the father pay half for certain expenses. You will need to be patient as this will take time to be an actual order. Any chance that you can talk to him and ask that he pay half of " our child's" daycare? Yeah, I know that this cannot, sometimes, be accomplished. But, it's worth a shot. He is the father and should be responsible for certain expenses. Have you tried mediation?? This involves meeting with a person that can help the both of you reach a compromise that is acceptable to the both of you. I hope that this has helped some.
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