Support Review - Daycare Expense for 13 yr old ??

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#227356 - 10/28/09 10:20 AM Support Review - Daycare Expense for 13 yr old ??
Mershu Member Registered: 04/26/04 Posts: 16	My husband is going through an agency child support review in California since August, 2009. Hopefully we’ll get a court date for the end of November timeframe and get this over with. The child involved is a 13 yr old, in 8th grade. The custodial mother runs/owns an after school care center for middle school children that teaches some computer skills in addition to babysitting them afterschool. CA Support Agency has ALLOWED this monthly expense as daycare !!??!! First, daycare for a 13 yr old is crazy enough. But now they want my husband to pay his ex-wife to watch her own child afterschool. We pushed back on this so the Agency will submit two schedules to the courts (with and without) and let the judge decide. But because she has a valid receipt for daycare expense, they have to allow it. Has anyone else had similar experience? What will the telephonic court be like? Will we be able to voice our displeasure about this?
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#227365 - 10/28/09 12:04 PM Re: Support Review - Daycare Expense for 13 yr old ?? [Re: Mershu]
Tali_Llama Superstar Registered: 06/17/03 Posts: 6740 Loc: S. California	Actually, no - this is quite "off the wall". In fact, the Internal Revenue Service, a well known government agency, does not allow a day care credit for any child over the age of 12. I think I would make that argument to the judge. If you need details, refer to IRS form 2441. Yes, you will be able to voice your disagreement to this procedure, but will you have an attorney representing you at the hearing? I would be present to argue my case, not leaving it up to a judge who can't see my face or readily hear my argument. Edited by Tali_Llama (10/28/09 12:05 PM) Edit Reason: afterthought _________________________ Disclaimer:Not actual legal advice!
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#227408 - 10/29/09 12:38 AM Re: Support Review - Daycare Expense for 13 yr old ?? [Re: Tali_Llama]
justche Expert Registered: 07/13/05 Posts: 810	is the choice for the 13 year old to be by him or herself or at an after school activity? Does safety factor in at all? I realize that kids are legally allowed to be by themselves after school by 13. It wouldn't be my first choice though. I'm not saying it's fair to have to pay for it at 13 - but is it the mom actually teaching the class or is it a teacher that has to be paid perhaps by the student?
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#227414 - 10/29/09 05:01 AM Re: Support Review - Daycare Expense for 13 yr old ?? [Re: justche]
Mershu Member Registered: 04/26/04 Posts: 16	The mother actually runs the classes in the local YMCA in downtown San Francisco. Regarding safety, the child is in 8th grade, is an A student and has no disavantages or illiness, etc. The expense is just over $200 a month. However, this is less for months with winter or spring breaks and she does not run the afterschool care for Jr. High kids in the summer. CA Support won't even annualize that figure. Guess if it goes through we'll have to put in for another review in March/April to end it for good in June??
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#227423 - 10/29/09 10:19 AM Re: Support Review - Daycare Expense for 13 yr old ?? [Re: Mershu]
justche Expert Registered: 07/13/05 Posts: 810	Well, my initial thought remains that being home alone at 13 vs. being at a structured activity is best - especially in the City, and 200 is a small price to ensure that. Regarding phone hearings - I agree with Tali - have an attorney present. The party in person usually seems to do somewhat better (in my experience watching and participating in Orange County)
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#227802 - 11/07/09 11:01 PM Re: Support Review - Daycare Expense for 13 yr old ?? [Re: justche]
Mershu Member Registered: 04/26/04 Posts: 16	The mom claims not to make any money from this after-school business. Sounds to me like she could stop watching every neighborhood kid and it would not cost me paying her business, to watch our son.
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#227803 - 11/08/09 04:18 AM Re: Support Review - Daycare Expense for 13 yr old ?? [Re: Mershu]
Tali_Llama Superstar Registered: 06/17/03 Posts: 6740 Loc: S. California	You're saying that she's a volunteer? That seems to be extremely unusual. So she pays $200 per month, so that she can volunteer? That's a pretty big issue - because my understanding that daycare occurs only when one is working, in college, or looking for work. It sounds like she does not qualify for daycare - rather, she's having babysitting. This should be brought up in court. You need to look up the legal definition of day care vs babysitting. _________________________ Disclaimer:Not actual legal advice!
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#227805 - 11/08/09 04:26 AM Re: Support Review - Daycare Expense for 13 yr old ?? [Re: Tali_Llama]
justche Expert Registered: 07/13/05 Posts: 810	Tali - I have babysitters, not day care - I just list it as "child care" and the individual names when I have to go to court over modifications. It's always covered. Mershu - so I took that differently than Tali did, I took it as she's not making a profit - maybe breaking even, maybe taking a loss, but it's probably paying the necessities. So you think it would be better for her to quit that, do something different, possibly have a modification in the meantime where you pay higher child support to make it so you don't have to pay $200 a month in after school child care to a business that your former spouse runs, that ensures your 13 year old is in a structured environment and safe, not unattended for hours after school. Got it!
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#227806 - 11/08/09 04:30 AM Re: Support Review - Daycare Expense for 13 yr old ?? [Re: justche]
Tali_Llama Superstar Registered: 06/17/03 Posts: 6740 Loc: S. California	Originally Posted By: justche Tali - I have babysitters, not day care - I just list it as "child care" and the individual names when I have to go to court over modifications. It's always covered. Let's make sure we are on the same page in using terms: Day care is a shared expense associated with child support in our state. It includes costs paid to care for a child (or mentally challenged ward) while the parent goes to work, looks for work, or attends college. Babysitting is NOT a shared expense associated with child support. It includes hiring someone to care for the child while the parent is on vacation, or out on a date, going shopping or so on. Babysitting should NOT be included with day care because it does not meet the criteria to be considered for the Day Care category. _________________________ Disclaimer:Not actual legal advice!
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#227815 - 11/08/09 09:43 AM Re: Support Review - Daycare Expense for 13 yr old ?? [Re: Tali_Llama]
astrolink Superstar Registered: 06/03/03 Posts: 5742	Originally Posted By: Tali_Llama Originally Posted By: justche Tali - I have babysitters, not day care - I just list it as "child care" and the individual names when I have to go to court over modifications. It's always covered. Let's make sure we are on the same page in using terms: Day care is a shared expense associated with child support in our state. It includes costs paid to care for a child (or mentally challenged ward) while the parent goes to work, looks for work, or attends college. Babysitting is NOT a shared expense associated with child support. It includes hiring someone to care for the child while the parent is on vacation, or out on a date, going shopping or so on. Babysitting should NOT be included with day care because it does not meet the criteria to be considered for the Day Care category. There's a reason this is this way. If the NCP must pay for any portion of the CP's babysitting amounts (as Tali said, paid for time other than going to work, to college or looking for work), then the CP must pay for the NCP's babysitting costs. If this were the case, I could see both possibly running up the bill as high as possible to financially "punish" the other parent in higher conflict situations.
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