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Home Care/Day Care

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bononos

Senior Member
What is the name of your state?
OH
CS modification:
Ex's family has babysitters during his time (3 different family members), school and day care during my time.
Ex has never paid nor has his family ever asked for money for babysitting.
At the modification, can he ask for money to compensate his family babysitters?
Since care and school are on my time, is he responsible for half?
I do need this care and school to work.
 


MominNJ

Member
re

This is a tough question. Does his family care for the kids in order for him to go to work? If so, it may end up as a "wash"
In my case, my ex and I both worked during the day. He had a grandmother that would watch her for free, but I opted to send her to a pre-school instead.
I didn't ask for the extra money for that, because I didn't want to have to go back to court to get it changed. However, my lawyer said i was entitled to receive 50% of the cost from my ex. (Even though she could go stay with the grandmother for free) But because we needed the childcare so we both could work.
So if what you are saying is that, while he works, he has someone caring for them (free or not) and when you work you have someone caring for them for a fee, neither of you owe the other anything. You follow me?
LOL I hope that helped.
On the other hand, if his "childcare" is for his leisure and not so he can go to work, than he will most likely have to contribute some percent (doesn't necessarily have to be 50/50) of the cost of daycare.
 

bononos

Senior Member
MominNJ said:
This is a tough question. Does his family care for the kids in order for him to go to work? If so, it may end up as a "wash"
In my case, my ex and I both worked during the day. He had a grandmother that would watch her for free, but I opted to send her to a pre-school instead.
I didn't ask for the extra money for that, because I didn't want to have to go back to court to get it changed. However, my lawyer said i was entitled to receive 50% of the cost from my ex. (Even though she could go stay with the grandmother for free) But because we needed the childcare so we both could work.
So if what you are saying is that, while he works, he has someone caring for them (free or not) and when you work you have someone caring for them for a fee, neither of you owe the other anything. You follow me?
LOL I hope that helped.
On the other hand, if his "childcare" is for his leisure and not so he can go to work, than he will most likely have to contribute some percent (doesn't necessarily have to be 50/50) of the cost of daycare.

Hummm, some leisure, some for work. Also, my sons day care is also an accredited preschool and full curriculum. He attends 3 days per week. Ex's family cares for child 2 days per week. He will have no proof that payment has ever been made for child care, as, of course, I do.
This could be very useful though, he has claimed all different work schedules, hours, is working, isn't working.
If he doesn't keep the story straight, he may end up shooting himself in the foot. He is trying to screw me on CS all together.
Thanks, I'll make sure and listen REAL good at the CS hearing. Contradictions might be a definate.
 

MtnMoon

Member
Childcare expenses are something the judge may order the parents to split. It's important to keep records proving payments to childcare providers. If your ex is paying someone for childcare, he has just as much right as you have to ask the judge to include childcare expenses in the order. Whether or not that childcare provider is related is beside the point...unless the person is your ex's dependent child. Then it gets sticky. But, generally...both of you are able to claim childcare expenses. Remember, though...past payments may be excluded if childcare is not stated in the order. So, if you're going for a modification, see if you can get childcare included now.

Hope some of this helps!
 

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