Legal Question in Family Law in California

Proof of child care payments

My child's mother supposedly pays $450 a month to her friend for babysitting. The only proof she has are hand written reciepts. Is there a chance the judge might see my side and order that I pay less than 1/2 of the babysitting cost? I am not trying to get out of paying anything but I am sure the mother and her friend are saying she pays more than she actually is just to get more child support.


Asked on 5/12/08, 12:06 am

2 Answers from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Proof of child care payments

$450 per month is actually pretty good. Even if the mom's friend is baby-sitting for free, she is providing a valuable service which is compensable if she chooses. The only thing you can probably do is to find someone else who will provide the day-care for less, and ask the judge to let you use that person, or to allow you to pay 1/2 that amount should the mother insist on continuing to use the friend. You could also make the argument that the friend is not a licensed day-care provider, but I do not believe one has to have a license unless they are in the business of day care and have a substantial number of clients.

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Answered on 5/12/08, 1:02 pm
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

Re: Proof of child care payments

I would talk to a tax attorney about filing a 1099 for your portion of the payments to the babysitter. If that income is being reported to the IRS, she has to claim it, and she may not be willing to pay taxes on money she isn't actually receiving.

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Answered on 5/15/08, 1:23 am


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