Work part-time and still qualify for daycare

[Niquexox]

What is the name of your state (only U.S. law)? Michigan

Hi all, I'm new to the form. Until recently I was working 30 hrs a week and my ex husband is ordered to help pay daycare expenses. It's rolled into the child support order as part of the child support obligations. However, recently my job has been cutting back on our hours (supposedly temporarily and I really hope it is only temp..) and I've been averaging 25 hrs a week. Does anyone know if we are required to work a certain number of hours to qualify for daycare expenses?

He's constantly taking me to court in an effort to reduce his CS payments and every time his motion was declined. I'm worried that with the change in my hours, will this effect my qualifications for daycare expenses to be included in the support order?

TIA for your help!

~Nique

 

[LdiJ]

What is the name of your state (only U.S. law)? Michigan

Hi all, I'm new to the form. Until recently I was working 30 hrs a week and my ex husband is ordered to help pay daycare expenses. It's rolled into the child support order as part of the child support obligations. However, recently my job has been cutting back on our hours (supposedly temporarily and I really hope it is only temp..) and I've been averaging 25 hrs a week. Does anyone know if we are required to work a certain number of hours to qualify for daycare expenses?

He's constantly taking me to court in an effort to reduce his CS payments and every time his motion was declined. I'm worried that with the change in my hours, will this effect my qualifications for daycare expenses to be included in the support order?

TIA for your help!

~Nique

Since you are hoping that the change in your hours is only temporary, how about you just do not talk to him about the change in your hours?

 

[Niquexox]

Since you are hoping that the change in your hours is only temporary, how about you just do not talk to him about the change in your hours?

We are required to submit current pay stubs for FOC hearings. So there will be no hiding it.

 

[Silverplum]

We are required to submit current pay stubs for FOC hearings. So there will be no hiding it.

Good.

It's best if you don't lie and cheat. I'm "surprised" at the advice given by LdiJ.

 

[LdiJ]

Good.

It's best if you don't lie and cheat. I'm "surprised" at the advice given by LdiJ.

I was not telling her to lie and cheat. In fact, I responded to her second post and apparently someone chose to delete it. Was that you?

She should not attempt to hide it because it cannot and should not be hidden. However, since she expects it to be temporary, and its only a difference of 5 hours a week, there is no reason to bring it up outside of a child support modification. There is ever probability that by the time he decides to file another modification she will be back to working those 5 more hours a week.

And, since its being taken this far, I will also add, which I did not mention before, that it really does not matter how few hours someone works. If child care has to be paid for in order for them to work those hours, then the other parent has to share in that child care.

Therefore it would only be cheating if she was collecting a share of child care from dad but wasn't actually paying for any child care.

 

[Silverplum]

I wouldn't report one of your posts.

M will review and replace, no doubt, and everyone can read your latest.

 

[Zigner]

This question was only relating to daycare. Presumably, the OP still has daycare expenses, probably at the same rate. I have to agree with LdiJ, except we may want to ask for a little more information.

I think that some information we need for the OP to tell us is this:

1: Do you still utilize daycare to allow you to work?
2: Have your daycare costs gone down?

Unless your orders say differently, there is no minimum number of hours you have to work, although, if you went from 30 hours a week down to 4 hours a week, it's obvious that it doesn't even make financial sense to keep the child in daycare full time.

 

[Niquexox]

This question was only relating to daycare. Presumably, the OP still has daycare expenses, probably at the same rate. I have to agree with LdiJ, except we may want to ask for a little more information.

I think that some information we need for the OP to tell us is this:

1: Do you still utilize daycare to allow you to work?
2: Have your daycare costs gone down?

Unless your orders say differently, there is no minimum number of hours you have to work, although, if you went from 30 hours a week down to 4 hours a week, it's obvious that it doesn't even make financial sense to keep the child in daycare full time.

Hi everybody, thanks for your response.

Yes I use daycare for my 3 yrs old and aftercare for my 6 yrs old. No the DC cost have not changed.

I just knew that you were required to either work or be in school (Full time, I think) to even qualify for child care expense, but I wasn't sure if there was a set amount of hours required to work to qualify for it.

Our manager has told us that business will pick back up come the holiday period (I do cust services sales), and I hope that's true but the courts will go buy what you are currently doing, not what you hope to do.

 

[Zigner]

It seems to me that if you're working, but making less money, the child support should actually INCREASE, not decrease.

 

[Silverplum]

It seems to me that if you're working, but making less money, the child support should actually INCREASE, not decrease.

I am SO looking forward to the next Dad to post: I will direct him here. He can take the same advice.

 

[Ohiogal]

Since you are hoping that the change in your hours is only temporary, how about you just do not talk to him about the change in your hours?

You want her to ignore this and lie by omission? REALLY?

 

[Silverplum]

You want her to ignore this and lie by omission? REALLY?

Yep. Lie, cheat, steal: pick a word. I'm sad I saw that: it kind of colored my day, and not in a good color.

This site states that the daycare paid in child support should be based on the ACTUAL amount. http://michiganlegalhelp.org/self-help-tools/family/child-support-nutshell

 

[LdiJ]

You want her to ignore this and lie by omission? REALLY?

Unless she is court ordered to let dad know how many hours a week she is working, she is under no legal obligation to tell dad that she is temporarily only working 25 hours a week instead of 30. Come on OG, do you realize how ridiculous it is to make a big deal out of 5 hours a week temporary reduction in work schedule? One cannot lie by omission unless one is ordered to keep the other parent informed.

and Silverplum,

Of course it would be appropriate for a non-custodial parent who has an involuntary reduction in pay to ask for a reduction in child support.(assuming that the reduction is enough of a percentage to allow for a modification under state guidelines) And yes, if the ncp in this case asks for a modification of child support, its going to get re-calculated and if mom is involuntarily making less money, then he could be in for an increase instead of a decease. I would certainly warn any ncp who asked that question, about that possibility.

 

[Zigner]

This site states that the daycare paid in child support should be based on the ACTUAL amount. http://michiganlegalhelp.org/self-help-tools/family/child-support-nutshell

And THAT is the crux of the matter. Daycare costs have not changed.

What *I* was pointing out was that, if dad asks for a modification based on this change in hours, he could end up paying MORE.

 

[Silverplum]

Unless she is court ordered to let dad know how many hours a week she is working, she is under no legal obligation to tell dad that she is temporarily only working 25 hours a week instead of 30. Come on OG, do you realize how ridiculous it is to make a big deal out of 5 hours a week temporary reduction in work schedule? One cannot lie by omission unless one is ordered to keep the other parent informed.

and Silverplum,

Of course it would be appropriate for a non-custodial parent who has an involuntary reduction in pay to ask for a reduction in child support.(assuming that the reduction is enough of a percentage to allow for a modification under state guidelines) And yes, if the ncp in this case asks for a modification of child support, its going to get re-calculated and if mom is involuntarily making less money, then he could be in for an increase instead of a decease. I would certainly warn any ncp who asked that question, about that possibility.

So, as usual, you didn't bother with the law. I have far better things to do then mess with this petty-ante junk.