Can I recover childcare costs from a pre-divorce order?

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Can I recover childcare costs from a pre-divorce order?

During our desperation, my ex hired a nanny to care for our children. This was done intentionally and was a 50% increase in the childcare. We went to Court and the Judge ruled ordered her to put the kids back in daycare or pay the difference. Neither of those occurred and I am still paying based on the increased amount. Over the last year, my hours have been limited and it has been a strain on the finance. The divorce was finalize a couple years ago. Can I go back and sue for the difference that she was ordered to pay? It is a significant amount and will make a difference.

Asked on September 29, 2011 under Family Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to discuss this matter with an attorney in your area.  Try legal aid or on a consultation basis or any pro bono (free) service with a local barassociation.  Someone needs to read the paperwork involved to see how the court order is written., But generally speaking, if the court ordered the payment and she did not make it then she is in contempt of the court's order and you can haul her back in to court to have them hold her in contempt.  What you want to do at the same time is request that the court enter a judgement against her for the money so that you can garnish her salary, levy a bank account, etc.  It may be much easier than suing her in an independent action and it may give you more leverage with having the judge order it in the contempt proceeding.  Good luck. 


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