Legal Question in Family Law in California
Babysitting as daycare?
My court order states that my children's mother and I share in the childcare costs 50/50. She is claiming that a friend of hers is watching my daughter 2 days a week for $20.00 per day. She has given me no other substantiation for this expense beyond the person's name, address, SSN and homemade receipts with the date and the amount paid. There is no statement from the individual verifying the expense was truly incurred. My first question is: Is babysitting considered childcare as defined in our court order? Is her substantiation adequate to require payment by me?
Thank you
2 Answers from Attorneys
Re: Babysitting as daycare?
Dear Inquirer:
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NOW, IN RESPONSE TO YOUR INQUIRY --
Baby-sitting qualifies if necessary to work, find work, or get trained to work. You should contact the baby-sitter and get receipts. Because you will be paying half, tell her you will be issuing an IRS form 1099 for her income from babysitting and see how she reacts.
Thanks for sharing your interesting inquiry, and good luck with your case.
Re: Babysitting as daycare?
Daycare costs are costs incurred by the custodial parrent for the care of the children while that parent is working, or perhaps looking for work.
Child costs incurred so that she can socialize would not qualify.
This circumstance is suspect. Many courts require that the parent claiming the child care costs in this type circumstance to provide proof of payment by filing a IRS form 1099, stating that the money has been paid to that person.