When there was domestic harmony between you and your ex, both of you always acknowledged how lucky you were that you had the children’s grandmother to care for your child. Grandma would never accept any money, not under any circumstances!
Does Grandmother charge for daycare?
She loved your child unconditionally and it would be a great injustice if she ever requested money to care for your child. After all, Grandma loved the care and affection of her lovely, beautiful grandchild. Grandma would never charge for caring for her wonderful grandchildren. Otherwise, 5 generations of relatives would roll over in their grave.
Never. Never. umm Never*?
Your ex suddenly, predictably demands reimbursement for her grandmother as work- related daycare?
Once a divorce or custody case is filed, your ex suddenly predictably demands reimbursement for her grandmother as work-related daycare because she is providing daycare for the children. Time to Lawyer up. No one care anymore if relatives are rolling over, this is litigation and the ex wants money and wants to exact revenge. You protest loudly. “GRANDMA DOES NOT CHARGE!”
Suddenly your ex starts producing checks and receipts. Your ex-wife or ex-girlfriend demands payment. Your ex-girlfriend or ex-spouse starts to claim that grandma refuses to care for the children unless she receives payment! Grandma is now, allegedly, demanding to be paid at a rate of $150 to $200 per week for each child as child support. You know it is a sham! Everyone knows it’s a sham. You realize that ‘never’ had an asterisk unless it is a divorce or breakup and then regular people sometimes start lying, deceiving and cheating.
You yell as loudly as you can
You yell as loudly as you can. Why should I pay daycare if my ex is not paying and my ex- mother in law is not charging. Your ex counters, “I pay my mother for daycare and you need to reimburse me” You respond, “but your mother will just give you the money back and I am stuck with the bill.” Your ex responds, “this is a lot cheaper than an outside daycare provider and it is better for our children.”
Tamayo v Arroyo
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.” http://rhodeislanddivorcelawyerarticles.com/ri-child-support-dayare-cost-reasonabl/
“Of the 6.9 million custodial parents who had child support awards or agreements in 2009, 51.9 percent of their agreements specified who was to provide health insurance for their children. In 44.1 percent of these 3.6 million agreements, the noncustodial parent provided the health insurance coverage.32 Among the 2.7 million custodial parents with agreements where health insurance was not included in the child support award, 11.7 percent received health care coverage for their children from the noncustodial parent. For the 6.8 million custodial parents without a child support agreement, 18.0 percent had health insurance coverage for their children through the noncustodial parent. Overall, approximately 3.1 million noncustodial parents provided some type of health insurance for their children in 2009.” http://www.census.gov/prod/2011pubs/p60-240.pdf