Childcare Expenses~~Does it matter who keeps child?

[yeu342234]

What is the name of your state? NY
CP has paid childcare expenses to grandmother, who keeps child fulltime. CP has cancelled checks as proof. Grandparent does not live with child. NCP claims those costs should not be considered legitimate childcare as grandparents should keep child for free, and thus ncp should not contribute. NCP also believes that grandparent is keeping child free of charge, but can't proove it.

CP claims childcare costs, regardless of who's providing the care, is an expense that the ncp should help pay.

Who's right? What does the law say?

 

[stealth2]

It depends more on what the support order says. If it includes childcare - then the NCP is required to pay as it's ordered.

 

[nextwife]

Are the childcare costs comparable to what other childcare providers would charge? NCP would reasonably object if the charges were excessive.

No, Grandparents have no obligation to work for free. Grandma could potentially be working elsewhere if not home with the child.

 

[nextwife]

As Stealth said, who pays what is in the CO.

 

[yeu342234]

It depends more on what the support order says. If it includes childcare - then the NCP is required to pay as it's ordered.

NCP doesn't want to pay since it's to grandmom. NCP believes that grandmother is doing it for free, but claiming to be paid.

The support order does include childcare.

 

[stealth2]

Then NCP can file for a modification and prove to the court that it's being done for free. Until the court changes the order requiring the NCP to help pay for childcare, s/he'd better keep paying it.

 

[kat1963]

I'd also make sure the G-mom is listing it as income on tax forms (if required per tax code). Not only could judge request them, but the NCP could report it to the IRS using court records as proof.
KAT

 

[haiku]

what is the EXACT wording of the court order?

 

[yeu342234]

what is the EXACT wording of the court order?

"NCP is responsible for 50 per cent of childcare expenses."

 

[strider5]

NCP believes that grandmother is doing it for free, but claiming to be paid.

I'm in this same boat. I believed homegirl was getting free-ish daycare while charging me.

It was pretty funny to watch how quickly daycare changed when I reported the "provider" to the IRS tax fraud hotline for income tax evasion.

 

[VeronicaGia]

I'd also make sure the G-mom is listing it as income on tax forms (if required per tax code). Not only could judge request them, but the NCP could report it to the IRS using court records as proof.
KAT

Excellent advice. Make her prove that she is paying and make grandma prove she is claiming it as income. The fact is she could be paying grandma for child care via checks, and grandma could be returning the money. I doubt grandma would return the money if she had to claim it as income.

 

[haiku]

"NCP is responsible for 50 per cent of childcare expenses."

in that case I second (third..etc..) the advice of making Grandma prove it!