Hanah, I'm not an attorney so I emphasize that my comments are only based on my divorce situation. My ex and I had a legal separation with court ordered alimony and child support. It made no allowance for any future income adjustment, either more or less so if I had lost my job, I would still be obligated to pay the same amount unless changed by the court. If you were paying 38% of the Montessori bill and day care has now replaced that, it seems to me that you would be required to pay 38% of the day care instead. Assuming the cost of day care is less than the cost of private schooling I'd think your 38% would be significantly less money.
It seems to me that your problem is that you are no longer working (or have reduced your hours) so you no longer have the same income. I would think that you have grounds to petition the court for an adjustment based on your changed salary.
Hopefully, some folks with more legal expertise will come along later and correct any incorrect statements I may have made.
