Legal Question in Family Law in California

Child care costs

My ex-wife and I hired a babysitter to watch our three children while we are at work. The sitter goes to the ex's house to care for the children. We paid the sitter $500 a month and spilt the costs 50-50. Recently after three years, the sitter mysteriously quit, the ex knows why but refuses to say. But since then she has had her mother move in with her. Her mother is an older woman who is a widow and doesn't work. My ex-wife supports her in every way. My ex's mom now watches our three children. The ex claims that she continues paying her mom the same she paid the first babysitter, but I find that hard to believe since she is supporting her mother. Since the children are not in a day care center am I obligated to pay her mother, without really knowing what is going on? I haven't not paid, since her mother started caring for the children, but I have been setting the money aside in a savings account just in case. Our children are 11,7 and 4. The youngest being at the house all day. Do I have to take my ex-wife's word and in good faith assume she is supporting her mother and paying her at the same time? Please advise. Should I address this with the court?


Asked on 4/25/01, 11:28 pm

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Child care costs

$500 is very inexpensive for in home care of three children, one of which is there full time. If grandmother is not competent you can demand a licensed day care. Then you will be paying much more than the $250 you are now paying. If grandma is competent and you are only fighting about the amount paid to her, my bet is that in front of a judge, you lose. Good Luck, Pat McCrary

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Answered on 6/19/01, 12:27 pm
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Child care costs

On the one hand, you were willing to pay $250 towards daycare. If the g-mother is doing a good job, you're not really out any money. You can insist that you will only pay for a licensed daycare, but that might cost you more than $250/mo.

I'd suggest you reach a compromise with your ex and pay her $150/mo.

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Answered on 6/18/01, 3:44 pm


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