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arkansasmom
04-05-2006, 11:29 AM
I haven't been on this forum for awhile, but I've found that it's a good place to get information from many different experiences. I have a few instances that I have gotten really mixed answers on, so if any of you have had these things come up then you can tell me how the outcome has been for you. I'm obviously in Arkansas.

1. Daycare costs- When I was going through my divorce, I asked about my ex having to pay for 1/2 of any daycare or afterschool care that was work or college related. He told me that those expenses were supposed to come out of my son's child support. On the other hand, I've read too many posts where the mother's are getting 1/2 of the daycare on top of the support. When I read through the Arkansas guidelines, I thought that I had read that daycare could be added to his obligation. Anyone know the truth?

2. Contempt and Visitation- My son's father hardly ever takes an entire weekend for visitation, and never on Wednesdays or summers either but I was told that the father had the right (not the obligation) to exercise the visitations so I couldn't do anything about it. Now I'm married to a man who has 2 children. We exercise our visitations on our weekends, but not usually more than a week in the summer. If we have to cancel, then we give her at least a week's notice (as instructed by our lawyer). Now she's started cancelling our weekends at her discretion and says that we're in contempt for ever cancelling and that now she has a right to cancel them also. I had always heard that a CP couldn't cancel the NCP's visitation for ANY reason.

3. Insurance- My husband's divorce papers state that his ex is responsible for carrying insurance on the kids, but when she got on welfare they came after my husband for it even though he wasn't eligible for it. He had to pay the state $300 and they allowed him to not carry it until he was eligible. He will graduate with his teaching degree in May and I'm sure he will get insurance. I have no problem with him putting the kids on it...but why does he have to pay all of it? Shouldn't it be 50/50; including weekly premiums, copays, and anything not covered?

4. Cosmetic procedures- Do father's have to pay for these types of procedures, such as braces?

5. Moving- If one parent moves a long distance away for job purposes, who pays the travel costs for visitation?

mommyof4
04-05-2006, 02:54 PM
I haven't been on this forum for awhile, but I've found that it's a good place to get information from many different experiences. I have a few instances that I have gotten really mixed answers on, so if any of you have had these things come up then you can tell me how the outcome has been for you. I'm obviously in Arkansas.

1. Daycare costs- When I was going through my divorce, I asked about my ex having to pay for 1/2 of any daycare or afterschool care that was work or college related. He told me that those expenses were supposed to come out of my son's child support. On the other hand, I've read too many posts where the mother's are getting 1/2 of the daycare on top of the support. When I read through the Arkansas guidelines, I thought that I had read that daycare could be added to his obligation. Anyone know the truth?

2. Contempt and Visitation- My son's father hardly ever takes an entire weekend for visitation, and never on Wednesdays or summers either but I was told that the father had the right (not the obligation) to exercise the visitations so I couldn't do anything about it. Now I'm married to a man who has 2 children. We exercise our visitations on our weekends, but not usually more than a week in the summer. If we have to cancel, then we give her at least a week's notice (as instructed by our lawyer). Now she's started cancelling our weekends at her discretion and says that we're in contempt for ever cancelling and that now she has a right to cancel them also. I had always heard that a CP couldn't cancel the NCP's visitation for ANY reason.

3. Insurance- My husband's divorce papers state that his ex is responsible for carrying insurance on the kids, but when she got on welfare they came after my husband for it even though he wasn't eligible for it. He had to pay the state $300 and they allowed him to not carry it until he was eligible. He will graduate with his teaching degree in May and I'm sure he will get insurance. I have no problem with him putting the kids on it...but why does he have to pay all of it? Shouldn't it be 50/50; including weekly premiums, copays, and anything not covered?

4. Cosmetic procedures- Do father's have to pay for these types of procedures, such as braces?

5. Moving- If one parent moves a long distance away for job purposes, who pays the travel costs for visitation?

1. In most cases, the child care expense should be considered when initiating the child support amount. For example, when my child support amount was evaluated, it included the expected costs of insurance, daycare, my income, his income, any prior obligations (there were none) etc. Now, sometimes it may not be included because the child was not in daycare or for some other unknown reason. If your child has recently started attending daycare, you can ask for a modification to help offset that cost, but it is not always granted.

2. No the mother cannot unilaterally deny your husband's visitation. The only one that could be in contempt is her. I would file in court every single time. After being drug to court and slapped on the wrist a few times, it should solve that problem.

3. This is an interesting question. I have seen it ruled on many different ways. I know what you are saying, but judges look at this differently in different cases. In an ideal situation, yes. But, as we all know, Utopia moved out of the universe. :)

4. If the orthodontia is medically necessary, and the parents are ordered to share the costs of medical procedures, yes. If not, then, no, not usually. Altough, let me point out that just because a parent is not legally obligated to pay, sometimes it is best to shop around and find an affordable option that the parents can split. Kids can be really mean, and the teasing can be worse than the state of the teeth.

5. That depends on how the judge views the situation. I know of many that the parent who moved pays the expenses, but I moved 1200 miles away, and we are ordered to split travel costs.

As always, judges will rule how they rule, so these answers are not set in stone, except for the contempt part.

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