Childcare costs not be paid / housing for childcare

[Ohiogal]

On top of everything else, OP would also have to report the room and board her mother "pays" for as RENTAL INCOME and report it on her taxes accordingly.

That additional income that OP receives also changes the balance of child support that she CAN receive. That's an additional $700 per month she's would be earning as income on top of the income from her own employment. (This assumes that BOTH incomes are considered before assigning a straight percentage as the support obligation to the NCP.)

Jeez... apparently trying to force dad to pay for mom's choices is going to bite mom in the butt.

 

[sandyclaus]

Jeez... apparently trying to force dad to pay for mom's choices is going to bite mom in the butt.

Well, darn it. Dad has this fancy BMW. Mom wants to get a bigger piece of that sweet pie.

Not that the children don't deserve to be supported, but Mom doesn't get to make choices for herself and then claim that it's for the kids just to get a few extra dollars from Mr. BMW.

What I want to know is how childcare was handled BEFORE Grandma came to live with her. Did the autistic child have special childcare arrangements? Does Mom have any receipts to backup the expenses she's asking for?

I SERIOUSLY doubt that Grandma, who lives on limited Social Security income (which we don't know whether this is retirement, or disability or SSI income), who has health problems that prevent her from "working heavily", is capable of providing effective childcare for 3 young children including the one with special needs.

 

[OHRoadwarrior]

Don't forget you need to establish mom as a w2 employee and pay all her taxes. She will need to declare her income and offset it against SS. You are going to eat up dads portion in fees and taxes.

 

[LdiJ]

Don't forget you need to establish mom as a w2 employee and pay all her taxes. She will need to declare her income and offset it against SS. You are going to eat up dads portion in fees and taxes.

Maybe not...she would then become eligible for a child care credit which would offset some or all of that expense.

 

[Ladyback1]

Just based on how the OP phrases some things, I suspect that English may not be her first language.

I honestly don't think she's trying to scam anyone. I believe that she truly doesn't understand and is trying to find a solution.

After having worked in a formal daycare for several years (loooong time ago, in my early twenties), I do believe that the best childcare from some children is a family member or a private provider. That being said...I wonder if the OP has applied for any sort of state or federal assistance for childcare (or other things, for that matter).

 

[gam]

On top of everything else, OP would also have to report the room and board her mother "pays" for as RENTAL INCOME and report it on her taxes accordingly.

That additional income that OP receives also changes the balance of child support that she CAN receive. That's an additional $700 per month she's would be earning as income on top of the income from her own employment. (This assumes that BOTH incomes are considered before assigning a straight percentage as the support obligation to the NCP.)

No she would not have to report it because she does not receive any money for rent from her mom, she was exchanging services with her mom, however she can't do that and have the court then charge dad for that daycare. She has to actually from this point forward pay her mom for daycare services. Rent is now out of the picture and has nothing to do with this.

You want to get into rental income, there are all kinds of rules on that on when you have to report rental income, just what is considered rental income. Also even if you have rental income, there are all kinds of expenses you get to deduct off of that and those rules are different depending on your own usage of that property you might be renting. So unless you want to back up what you say here with actual IRS links and proof on rental income, this is just you trying to scare OP.

The assuming the additional $700 a month based on both incomes considered should also be backed up. Those are the rules(or so I am told and tons of other posters over and over)back up what your saying, don't assume. You didn't back up on rental income nor on how NY does child support.

OP should just run from this thread because it is clear she will not get accurate legal advice on this topic. Posters have made up their mind on what OP is doing and no matter what they are determined to bully her into thinking that she can't do what she asked or she can't make a few simple changes and make it perfectly legally and perfectly acceptable to the court.

 

[OHRoadwarrior]

gam, you mean like these reg's?
http://www.irs.gov/taxtopics/tc420.html
http://www.irs.gov/publications/p525/ar02.html#en_US_2013_publink1000229088
http://www.irs.gov/publications/p17/ch12.html
http://www.irs.gov/publications/p334/ch05.html#en_US_2013_publink1000313351

 

[gam]

gam, you mean like these reg's?
http://www.irs.gov/taxtopics/tc420.html
http://www.irs.gov/publications/p525/ar02.html#en_US_2013_publink1000229088
http://www.irs.gov/publications/p17/ch12.html
http://www.irs.gov/publications/p334/ch05.html#en_US_2013_publink1000313351

Well know warrior I did not, I meant for the one I posted to, to actually go get them. But gosh no need to do that around here, cause when there is 2 sides and 1 side is trying to prove their point all their little buddies will come out and do it for them.

First link http://www.irs.gov/taxtopics/tc420.html
Does not apply as OP will not be bartering, because in order to take this to child support, she is going to most likely have to pay her mom, if you would read any of my posts you would understand that is what I am talking about. So nope that link does not apply with what I told OP she could do. It applies to what you all are insisting she has to do so it matches your opinion that she should not be asking dad to pay his share.

Seoond link
http://www.irs.gov/publications/p525/ar02.html#en_US_2013_publink1000229088
Have no clue you point to that link, nothing there I am arguing if mom changes this like I said she can so she can get this to pass that child support.

Third link http://www.irs.gov/publications/p17/ch12.html

 

[OHRoadwarrior]

Hey gam, what came first the chicken or the egg? So grandma will need to be paid via w2 for babysitting and pay taxes in your scenario just as I said earlier. Now if she is a senior on SSI instead of regular retirement, that can blow up on her quick. You are not considering all the eventualities. I'm not ganging up. You asked for proof on declaring rental income, I provided it. I mentioned this earlier before you jumped in. There are tax consequences no matter what happens here. The IRS has their hands in everyone's pockets. As LdIj pointed out that way might work good for mom and bad for grandma. What I am curious about is the mention of the Affidavit of Support. It appears OP is already being supported by hubby for the difference between her wages and 125% of poverty level.

 

[gam]

Hey gam, what came first the chicken or the egg? So grandma will need to be paid via w2 for babysitting and pay taxes in your scenario just as I said earlier. Now if she is a senior on SSI instead of regular retirement, that can blow up on her quick. You are not considering all the eventualities. I'm not ganging up. You asked for proof on declaring rental income, I provided it. I mentioned this earlier before you jumped in. There are tax consequences no matter what happens here. The IRS has their hands in everyone's pockets. As LdIj pointed out that way might work good for mom and bad for grandma.

Sorry didn't finish my other post and accidently hit send, I was trying to edit it, but I was logged off and you already posted. Thought if you were in the middle of editing no one could read your post but I guess not. I'm not even going to finish it because I didn't find anything in your links to prove what I was saying as wrong. I was not talking about bartering, I set that off the table.

Hey warrior the chicken came first duh! It might, but it might not, seriously how do you know it will? I am considering all the eventualities your not as well as others.

Since I didn't finish that last post, I don't see your proof on rental income that applies to this. Of course there are tax consequences, I never said different and I have said several times that mom and grandma need to follow the IRS rules. But since they do, bartering is now out of it, so is rent, cause grandma does not pay rent and that is easy to fix to have grandma pay a share of bills around the house without actually charging her rent. Mom said to begin with she is picking up some slack for her own mother, she is allowed to do that.

I only see LdIj pointing out where it would be good for mom, but I could have missed the other. I'll go back and look.

My point is this, no bartering if mom wants to take this to court. She pays grandma for childcare, and follows IRS rules on claiming it and paying taxes associated with it. Rent is not in this at all, grandma lives in her home, no rent is exchanged. I'm also saying it's not as bad as ones are making out and that mom needs to go check it herself and figure it out, cause I have a 50/50 shot of being right, same as you cause we don't know what grandma makes, or mom and how it will affect them.

While I was responding you edited your post and added on. On that added on part I have no clue to who mentioned this Affidavit of Support, I will go look through the thread though. Nor am I sure what your talking about the 125% of poverty level, but I will go look and see if either applies to anything I said, most likely not, because you have no clue to what I have said in this thread, lol. So perhaps you should go back and read all my posts.

 

[OHRoadwarrior]

We are on the same page, just different paragraphs. OP mentioned Aff of Support in post 24.