Legal Question in Family Law in Illinois
Daycare
My husband pays over $1000 a month in child support. He is still expected to pay 50% of the daycare and schooling costs, correct? His child is being watched by his ex-wife's mother. She is supposedly charging her $100 a week to watch her grandchild. If she is not licenced and is not filing taxes for proof of income and is not presenting us with cleared checks as proof. Can he be held legally responsible to pay for this later. He paid in the beginning with an understanding that she would give proof of her payments, but she is not, so he stopped. We did not see any reason to be giving her free money. Also if she has sole custody does he have the right to refuse certain people to watch his child as well?
2 Answers from Attorneys
Re: Daycare
He doesn't have to pay anything unless a court orders it. If the order says pay half of daycare then he has to pay it. Who is paying the employment tax on the money? Will a 1099 be issued? There are many issues that need to be worked out here immediately.
email: [email protected]
web: www.michelottilaw.com
blog: blog.michelottilaw.com
Re: Daycare
You have a few issues here, and I am not clear as to whether some of the obligations you listed are required by the court or voluntary. First, if the court says to do something, you have to do it until a new court order is issued. Second, if the court order does not mandate daycare, then he can choose whether to pay. Lastly, if he has a legitimate concern about a certain person (felon, drug user, child molester, etc) he can get a court order preventing the person from being around the child. I obtained one of those for a client recently and its not hard if there is a good reason.
Feel free to give me more information so I can understand your situation better.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
