[kiam007]

I am a divorced mother of a 11yr old boy. My son, is an asthmatic and is in Special ed. At school. My ex husband refuses to pay half of the expense for a babysitter or daycare on Spring vacation and in summer due to my sons age. Also in my divorce agreement it states that he is to pay half of any day care expense. Doesn't "day care" expense include a babysitter for when I have to work? Please give me some guidance on this.

[bEaUtIfUlbRuNeTtE]

I'm assuming that the court ordered for your ex husband to pay half of a daycare facility, not 'at home daycare' as you claim.

If he is in special ed, I don't understand why your ex is complaing about his age when most special ed kids need adult supervision at all times.

[cjonline]

Daycare or childcare usually means work related childcare only.

That being said... I was just in court and this kind of thing backfired on my ex. He wanted to leave my boys (10 and 11) at home after school, to cut the daycare to only summer break camp. Less daycare would mean less support money he has to pay. The Judge told him that in Virginia the legal age for a child to be left home by themselves was 13 (daycare centers no longer take kids after their 13th birthday and you can't claim the money on your taxes -- were her reasons for picking that age) I mentioned our oldest was in Special Ed classes at school and I had the papers to show her that my ex never went to those meetings. She then told my ex that if we came back in three years to adjust the support and I was still paying for work related childcare then it would be added, and she would do so until our son was no longer in Special Ed or he was 18.

I don't know where you live and I'm sure that each state has a different age so I would check that out.

Also I would think that if its in an Order he can't just stop paying because he believes is not needed. Reread what your order says just to make sure, but you might be able to take him back to court on a show cause. The Judge would then decide if ne needs to pay and maybe put a date for the childcare to stop. If you do go to court take your papers from the school that state he is in Special Ed. The papers that might be the most damning is if it shows that your ex goes to the meetings and knows of your son's problems or the ones that state he never goes so how would he know what is needed.