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Being Contravened

Interested to get some thoughts on my strategy

The ex has contravened me.

At this stage I'm sticking to my guns.

Would be interested in whether others think I have a chance.

Our consent orders made in 2008 state that I should pay after school care costs for the children for those days where they are to come to me that evening. At the time I agreed to this as the ex was working, which was a good thing. I wanted to encourage her to work.

Two years ago the ex had another child (outside of a relationship) and quit work to care for the new child.

I was paying her child support when she was working, so when she quit work, the amount of child support I had to pay went up by several hundred dollars. Which is crazy in itself as the effect is that I'm paying to support a child which isn't mine. Anyway that's the law.

Anyway as a result of this, I stopped paying after school care costs. My justification for this was well, I'm now paying more money for her to stay at home in the form of child support, she is free and available to collect the children from school at 3pm (which she chose to do on many occasions), and she could therefore mitigate these costs.

But no, she kept the children in after school care on my days even though she could pick up the kids at 3pm. (She organises and pays for child care and I have been reimbursing her for my days)

Anyway I ceased paying. As far as I was concerned, if she wanted to keep the children in after school care, she can pay for  it out of the increased child support.

Over a couple of years she claims to have spent $2,000 in child care on my behalf. I refuse to pay. And she has contravened me.

At this point I am proposing to argue my case to the judge. Any thoughts on how a judge would view this?
Sounds to me like there are clear orders in place and you've breached them.

Is there any reason that you didn't work this out with your ex before you racked up a $2K bill?
Im a bit confused as to the following

1: Why don't you pick up the children at the end of school on your days? (problem solved if you do!)

2: What does the order actually say about changeover? There must be a time or some time indicator in the orders "from 3pm on" or "from after school on" and does the childcare period fall in your time or her time? If your time starts at a set time and you are not there to pick them up, you should cover the costs involved.

If the answer to 1 is to do with your work and working times.. id say its probably you that has to stump up the cashola too. If not, then you might have an angle for change.

Either way you cannot claim an increase in child support payments as a reason for not following court orders OR the fact that you think you are paying her to stay at home and not work.. dont even go down that path, Its a poor argument.




 

Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
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