I live in MD and my Former wife and Children live in FL. According to the standard Child Visitation Guidelines set by the Judges of the Family Law Division as a reasonable visitation schedule for use in Polk, Highlands and Hardee Counties, I am allowed certain weeks of visitation per year. I don't my enough money to pay their way for the visits four times a year. I notified my Former Wife 30 days before stating that I cannot exercise my right to see them. Now she is trying to charge me babysitting fee's.
Can she charge me babysitting fee's when I have given her the proper notice of my intent not to exercise my right because of my financial status?
Answer
What your wife is able to do is based upon whatever existing court order or post-marital agreement you have with her. If this option is not specifically stated in the current order or agreement, she would have to go to court for this, which may be what she's in the process of doing although you didn't specifically state that in your question. Presumably her theory is that since you won't be taking the children for your scheduled visitation, she will have to continue to incur babysitting expenses. If there has been a significant change in your income since the divorce, you could file for a modification of your support obligation, but you'll probably end up having to do that in FL. Perhaps you should also seek modification of the visitation schedule if you can't afford to bring them in MD that often.
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