In Tamayo v Arroyo, The Rhode Island Supreme Court ruled that “The sole criterion of whether a parent’s day-care costs may be included in the child-support calculation is whether those costs are reasonable. Family Court Administrative Order 87-2, IV.B.7.a.”
The Rhode Island Supreme Court essentially determined that it is irrelevant whether the daycare provider is licensed or claiming the income on their federal taxes. The Court reasoned that it is irreleveant whether the daycare provider is an illegal immigrant.
“The sole criterion of whether a parent’s day-care costs may be included in the child-support calculation is whether those costs are reasonable. Family Court Administrative Order 87-2, IV.B.7.a. Here, the magistrate’s sole focus centered on whether the child’s day-care provider was “cheating the government” and inappropriately required Arroyo to choose between placing the child with the plaintiff’s family or shouldering the expenses herself. These considerations were especially egregious given that no evidence was presented about either issue. We therefore hold that Arroyo is entitled to reimbursement for a portion of the day-care expenses, made retroactive to the date of the petition.” Tamayo v Arroyo
Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice.