Daycare expense questions

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Latest post Wed, Apr 6 2016 11:45 AM by Drew. 4 replies.
  • Mon, Apr 4 2016 3:23 PM

    • RS
      Consumer
    • Top 500 Contributor
    • Joined on Thu, Aug 3 2000
    • Posts 107

    Daycare expense questions

    Mom has both a standing order and a parenting plan which states Dad is supposed to pay for half the daycare. Dad still has not paid even 2015's 1/2 daycare expenses. Can mom just sue for this in small claims court in Lee County Florida? Mom understands there are dollar limits in small claims (5K etc) . Thank you in advance. 

  • Mon, Apr 4 2016 4:16 PM In reply to

    Re: Daycare expense questions

    RS:
    Can mom just sue for this in small claims court in Lee County Florida?

    I don't see why not, but winning in small claims court would just result in another court order.  I suppose the advantage would be that it would be a court order to pay a specific amount of money, so the next step of getting a court order to garnish his wages or levy his bank account would be straightforward (if Mom knows where he works and/or banks).

    Has Mom considered signing up for the child support enforcement services of the Florida Department of Revenue?  I could find no mention of any fee on their website, so it's quite likely that signing up is free.  They don't specifically address whether they enforce things like paying for daycare expenses, so she should ask that question if she hasn't already.  If she signs up and they take over, then Mom would no longer be able to decide whether to cut Dad any slack in the future.

     

  • Mon, Apr 4 2016 5:09 PM In reply to

    Re: Daycare expense questions

    karen2222:

    RS:
    Can mom just sue for this in small claims court in Lee County Florida?

    I don't see why not

    I forgot to mention that I have no idea if Lee County is the correct county to sue in.  Normally with small claims court the county with jurisdiction would be where the defendant (Dad) lives, not where the plaintiff lives.  I don't know whether the county in which the existing support order was issued has any relevance.

     

  • Tue, Apr 5 2016 11:04 AM In reply to

    Re: Daycare expense questions

    Generally, if the order is out of family court, enforcement should be sought in that court, not by filing a new cause of action in small claims. 

  • Wed, Apr 6 2016 11:45 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,417

    Re: Daycare expense questions

    Generally more leverage if viewed as a breech of court order  or,contempt of the court...seek costs and fees or whatever sanctions fit . 



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