Family childcare

[cwmayhem]

What is the name of your state (only U.S. law)? IL
My parents have been providing full-time child care to my 2 children. In our JPA, it states that we shall split childcare costs equally, and my parents are being paid. Ex has decided that because they are grandparents, they should provide free childcare. We were divorced in 2008, and other than 6 months, they have provided childcare before and after school and all day in the summer while I work full-time. Is there a statute in IL that states that they can be considered paid? Looking for specific law that paying family members for childcare is allowed. Any help is appreciated.
I do have cancelled checks proving payment as well as a letter my father wrote to ex stating same. Also, ex never said no, just that he refuses to reimburse/pay.

 

[mistoffolees]

What is the name of your state (only U.S. law)? IL
My parents have been providing full-time child care to my 2 children. In our JPA, it states that we shall split childcare costs equally, and my parents are being paid. Ex has decided that because they are grandparents, they should provide free childcare. We were divorced in 2008, and other than 6 months, they have provided childcare before and after school and all day in the summer while I work full-time. Is there a statute in IL that states that they can be considered paid? Looking for specific law that paying family members for childcare is allowed. Any help is appreciated.
I do have cancelled checks proving payment as well as a letter my father wrote to ex stating same. Also, ex never said no, just that he refuses to reimburse/pay.

What does the court order say about child support? Word for word, but without the names.

If there's nothing unexpected, then I would file for contempt.

 

[cwmayhem]

Each party shall be responsible for 50% of the daycare costs incurred by mother for the benefit of the children. The paying party shall provide written documentation of the payment and the non paying party shall reimburse within seven (7) days of his/her receipt of said written documentation. both parents shall reasonably and jointly select the daycare facility; neither party shall unreasonably withhold his/her consent.
My parents pretty much have been watching the kids since before the divorce, so it was already established that they were providing care. They both effectively retired about a year after the divorce to care for the kids (more so my mother). Not only do the watch the kids, they take th
em to the library, doctors appts. when I cannot get off work (father does very little for the kids), the pool, etc. they help with homework, drive to extracurricular activities.
BTW, I have records of every payment made, and have provided these on numerous occasions requesting reimbursement.

 

[Ohiogal]

Each party shall be responsible for 50% of the daycare costs incurred by mother for the benefit of the children. The paying party shall provide written documentation of the payment and the non paying party shall reimburse within seven (7) days of his/her receipt of said written documentation. both parents shall reasonably and jointly select the daycare facility; neither party shall unreasonably withhold his/her consent.
My parents pretty much have been watching the kids since before the divorce, so it was already established that they were providing care. They both effectively retired about a year after the divorce to care for the kids (more so my mother). Not only do the watch the kids, they take th
em to the library, doctors appts. when I cannot get off work (father does very little for the kids), the pool, etc. they help with homework, drive to extracurricular activities.
BTW, I have records of every payment made, and have provided these on numerous occasions requesting reimbursement.

Your parents are NOT a daycare facility. That there is an issue which may sink you as it states that the two of you are to jointly select a FACILITY. Do you claim the childcare payments on your taxes for daycare with your parents' social security numbers attached?

 

[mistoffolees]

Your parents are NOT a daycare facility. That there is an issue which may sink you as it states that the two of you are to jointly select a FACILITY. Do you claim the childcare payments on your taxes for daycare with your parents' social security numbers attached?

I agree. While I think it's unreasonable for ex to not pay 1/2, it's not illegal (unless the parents have actually gone through the process to get their home licensed as a daycare facility in the state). You're probably out of luck.

Even if the parents' home is licensed, though, you still have the problem that ex has to agree. Of course, the fact that he didn't object for years and the fact that the decree says that he may not unreasonably withhold his agreement would make it hard for him to use that argument.

 

[CJane]

Had he been paying previously and decided to stop doing so?

I disagree with both Ohiogal and Misto regarding the wording of 'facility' implying that this must be a licensed daycare center. I'm sure they'll both take issue with that, but the decree does not say anything about licensed care.

 

[mistoffolees]

Had he been paying previously and decided to stop doing so?

I disagree with both Ohiogal and Misto regarding the wording of 'facility' implying that this must be a licensed daycare center. I'm sure they'll both take issue with that, but the decree does not say anything about licensed care.

If it hadn't used the word 'facility', I'd have agreed with you. But 'facility' suggests something more formal.

You are right that if Dad had paid earlier, it would strengthen's Mom's argument.