I am paying half daycare every other week. Can my ex wife take me to court so I have to pay more?

You pose a difficult question. All child support in New York is determined by parental income shares and all calculations are based on income. Not knowing your incomes makes it impossible to determine how much if any of your basic support payment could be plussed up with daycare. Day care is an add on which is guaranteed in almost all cases. A mother alleges she is working or going to school and says she has day care expenses. You can cross examine her on these expenses but it is virtually assured she will get the add-on. The add-on could double your support obligation. While currently you are only ordered to pay basic support, you could be pushed over the financial edge if day care is added on. I know you are familiar with all the sardonic punishments for not paying support. I am not certain why you decided not to maintain custody of your child. Are you too busy to be the primary caretaker? Now it appears the mother is also too busy so you are available to pay extra in the form of the day care add-on. She could have been paying you all this money.