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I am wondering if a babysitter counts as childcare when it comes to calculating child support for my children?

Colorado Springs, CO |

I am current on my child support. I filed and child support readjusted in Feb because my ex wife's income had changed significantly since our first court date. She notified the court that she would have the children in Kinder-care, which is a licensed daycare provider here in Colorado. And would continue it through the summer when the girls were not in school. Today I get a text saying that they will be out of Kinder-care for the summer and with a babysitter. The babysitter is a family member and not licensed, but I'm not sure if it counts as daycare when it comes to the child support worksheet. Also now I'm making about half of what I was making then because I was in school, If I file a new financial statement will child support take it into their own hands to readjust child support?

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Attorney answers 3

Best Answer
Posted

A babysitter whether family or not counts as daycare to the extent they are actually being paid. If you are voluntarily underemployed a child support calculation will be base on the amount you are capable of making (imputed income). If the resulting amounts cause a 10% or more change and you file a motion for modification of the support order you can have it changed. Child support enforcement will not initiate. During the motioning process is when you file you financial affidavit at which time mother will need to file hers. Make sure you know the numbers before you file anything. An in person consultation with family law counsel could help you avoid mistakes.

Asker

Posted

Thank you Nathan, you answered my question the best out of anyone. Thank you very much for taking the time to answer me, I will make sure I do all of this if I decide to file a modification. Thank you again.

Nathan D McKinney

Nathan D McKinney

Posted

Thank you for choosing as best answer. My office and attorneys are available for future questions. Wishing you and yours only the best

Posted

CSE will do nothing for you. You have a right to request an annual review, but they have no authority to change child support. Only the court has that authority. In addition, a court may only change support payments which come due after you file a motion to modify child support with the court. Asking CSE for a review is not the same thing as filing a motion with the court.

If your Ex is actually paying the family member to provide child care while she works, then that is a legitimate child care expense for purposes of calculating child support.

Finally, a court may not reduce your child support because you chose to return to school and lower your income.

You should consult with a competent family law attorney is your area to discuss the specifics of your situation before you decide to do, or not to do, something. Child support is a complex matter what requires having all the relevant facts in order to offer an informed opinion.

www.karlgeil.com. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.

Asker

Posted

Yes I have already been thru it being modified once, so I know most of the in's and out's. The reason I went to school was because my business I own had plummeted and I am only making 1200 a month and less sometimes because there is no work, but I see how it could come across like you said, and it is good to know. I just had one question about what you said though. If the party she is paying while she works counts as childcare, then does that mean when I'm working and paying a babysitter to watch the kids I can count this as childcare as well?

Jessica Peck

Jessica Peck

Posted

I agree with the points raised by Mr. Gell. One of the hardest parts of being a family law attorney most often comes months or years after a divorce, afte To convince the court that you decreased your workload in favor of an all-fruit basket. Finally, from an aesthetic viewpoint, be very conscious of how your dress, body language, nervous system A successful argument agains be really critical to obtain a letter from three separate categories of witnesses mental health professor who has treated you and can attest through telephone testimony (and/or will likely in the future you answered a letter from a physician who can attest to the fact that absent the game's free tix/

Karl J Geil

Karl J Geil

Posted

Yes, if you pay a babysitter to watch the kids while you work, that also counts as work related day care and should be included in the child support calculation.

Asker

Posted

Thank you for your help Karl.

Posted

There are several factors you will want to evaluate before you determine whether it's worth the cost and stress of going back to court on the offensive, or alternatively, if on defense, . Regardless, your question lacks sufficient facts with regard to your brief explanations We need the ages of the children and a greater understanding of the case-specific cases. Not sure what exactly you you mean by "take it into their own hands.." I'm guessing that you are asking what procedures are used for both people can ask the judge to help them get what they want when it comes to the law and whether both requests for modification of child support would be reasonable.

To enable a stronger understanding of Child Support rules and obligations by those parties who can't afford to hire an attorney, Jessica Peck encourages you to visit her website at www.JPDenver.com.

evaluate, based on the motion by one impute a minimum 40-hour work week at minimum wage, currently set at $8/hr or approximately $1280 for the average month. For parties making less than this amount (at approximately at $850 or lower) per month,

Asker

Posted

Jessica, thank you for your reply. I'm not sure what you have said is what I am asking, thanks for trying to help, but I'm afraid you are misjudging the situation so I am going to try and explain it more. My girls are 5 and 6 years old. We have split custody 3 days and 4 days. I am trying to figure out when childcare is considered childcare on the child support worksheet. I am asking this because the children are no longer with a licensed day care provider during the week they are being watched by a babysitter. When we went to court the last time to modify child support they told me a "baby sitter" didn't count for me if I am working as child care but now all of a sudden it counts for her if she's working? This is very confusing and I am trying to understand what is considered "childcare" for both of us, because I feel like we should both be held to the same stipulations. Is it not the same for both parties involved? When we were in court for our modified support about 3 months ago, their mother insisted that they would be in a licensed daycare provider for the summer when she was working. Now come to find out she lied about it and they are not in the daycare they were. I have dealt with my ex-wife screwing me for child support left and right since we got divorced, I just want to know what is right. I want to know what counts as child-care for both of us. If we aren't working and have a babysitter is that still child-care, or is child-care only when we are working? Right now she is claiming that any babysitting is considered child-care, even if she is going out for a night on the town. So this is what I am trying to figure out, I hope this explains everything a little more. As note I am highly frustrated with this situation so please understand I do not mean to come across harsh if I do. Thank you for your time.