Define Daycare???

[sipa]

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

Can someone please define day care?

2003 order states: Non custodial parent is to pay day care provider directly for the cost of daycare. At the time both parents were working and kids were under the age of 5 and in preschool.

Non custodial has paid all day care since this order, the only day care for the last year has been before and after school care. Custodial has worked nights on and off for a year with no word from her about child care. Custodial now been working overnights 7am to 7pm only on her nights, emails the day of the shift and says if NCP can not take the children overnight then NCP will have to pay the day care. There is less then 24 hours notice when plans can be changed the non custodial does so but it is not always possible.

I have told NCP that chances are that is considered day care and would have to pay it. But should the NCP not ask for sufficent notice as to when it is needed so that NCP can change plans to accomodate the kids.

 

[stealth2]

So which of you is posting this time? Seriously. Get separate accounts as it's impossible to tell these days.

Assuming it's Mom - why can't you let the NCP know ahead of time? And why can't your husband keep an eye on the kids while you work overnights?

 

[CJane]

I'm guessing that you mean that 'custodial' is working 7 PM - 7AM, yes?

How old are the kids? 7/8 or so? Who provides 'day care'?

Basically, day care actually refers to employment related child care. So if 'custodial' is paying to leave the kids w/someone overnight, that's 'day care'.

How many nights/week does she work?

 

[LdiJ]

I'm guessing that you mean that 'custodial' is working 7 PM - 7AM, yes?

How old are the kids? 7/8 or so? Who provides 'day care'?

Basically, day care actually refers to employment related child care. So if 'custodial' is paying to leave the kids w/someone overnight, that's 'day care'.

How many nights/week does she work?

I wish that he or she would clarify the original post, because it totally confused me.

 

[wileybunch]

Sounds like this is your DH's case (NCP) and the night-time care in this case is "daycare" since it's care for the children while the parent works so DH owes the NCP for this. That said, NCP may want to consider returning to court for a different timeshare arrangement so kids aren't in daycare overnight, but other than that, what is the notice going to accomplish? That DH would not be responsible for paying for daycare if he doesn't get more notice to do the daycare himself? I don't think that's going to happen.

 

[sipa]

Actually this is a question asked of me by someone else not having to do with DH case.

And the day care is happening on school nights and really disrupting the kids school schedule.

This NCP wants to care for her own kids during this time not only the money issue. I told her that if it is that big of an issue which right now it is because its school nights and such (about 4-5 night a week) to file to see if a modification can be set forth to perhaps get the children into a home and not over night day care.

Thanks your answers were appreciated