Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #259:
With agreement with my soon to be ex wife, I pay for our sons day care which is $811.00 per month which is far beyond my means but she cannot afford either. During this time I do not pay for child care however we agreed that when he is not in daycare and when he finishes daycare, I will give her the required 17% that New York says I have to give. My question is if she starts asking for child care, who is responsible to pay his day care? Please help me. Thank you.

Answer:

Schooling , or daycare are generally NOT included in the 17% percent of child support payments
But are in addition to such support. Who should pay, however, and how much, should be decided by the parties
And if they cannot reach an agreement , the Court will decide.

If you are living in the NYC metro area, I strongly suggest you call me at 212-370-1660
To discuss mediating this matter rather than litigating it in Court.

Leonard Weiner, Esq./Divorce Solutions
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