Should I be Credited if my ex Removes our Child From Daycare, due to COVID-19?

Question:

Should I be credited if my ex removes our child from daycare, due to COVID-19?

Answer:

I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state, but I can provide you with general tips for this sort of issue.

If your ex removed your child from child care due to the COVID-19 pandemic and the child care facility is no longer charging for your child’s child care, it is appropriate to seek credit for your overpayment or to seek a modification of the court-ordered child support. If this is the case, you should obtain documentation to show that the child has been unenrolled or removed from child care and the date such action took place. You also should obtain documentation to show the prorated cost of that month or week of child care. It is important to file a motion with the court soon to preserve your rights and show that you took swift action. If you pay child support through an income assignment, you will need a court order showing the new amount to modify the income assignment and not just an agreement with you and your ex. If you are seeking a credit, rather than a reduction in what you pay each month, you should attempt to obtain a written agreement between you and your ex to reflect that you will be given a credit for future amounts owed and specify the amount you should be credited. It is critical to have all agreements that do not comport with the current orders in writing to prevent potential contempt or enforcement proceedings in the future or to have a defense against them.

If payment still must be made to the child care facility to keep your child’s place at there, the cost still is being incurred, and it is not likely that you will receive credit. Oftentimes, child care still must be paid for the children to not lose their place at the child care facility and end up on a waiting list when it is time for the children to return when it is safe.

Throughout the country, courthouses unfortunately are closed to the public, and in-person hearings are not taking place unless they are deemed to be emergencies. However, many jurisdictions are conducting court proceedings remotely, such as with Zoom. Even though most courthouses are closed, they are largely allowing filing. 

It is best to consult with a licensed attorney in your area for legal assistance specific to the facts of your case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Oklahoma divorce lawyer Katherine Lewis, contact Cordell & Cordell.