Legal Question in Family Law in California

Babysitting as daycare?

My court order states that my children's mother and I share in the childcare costs 50/50. She is claiming that a friend of hers is watching my daughter 2 days a week for $20.00 per day. She has given me no other substantiation for this expense beyond the person's name, address, SSN and homemade receipts with the date and the amount paid. There is no statement from the individual verifying the expense was truly incurred. My first question is: Is babysitting considered childcare as defined in our court order? Is her substantiation adequate to require payment by me?

Thank you


Asked on 1/10/03, 2:38 pm

2 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Babysitting as daycare?

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Baby-sitting qualifies if necessary to work, find work, or get trained to work. You should contact the baby-sitter and get receipts. Because you will be paying half, tell her you will be issuing an IRS form 1099 for her income from babysitting and see how she reacts.

Thanks for sharing your interesting inquiry, and good luck with your case.

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Answered on 1/12/03, 4:11 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Babysitting as daycare?

Daycare costs are costs incurred by the custodial parrent for the care of the children while that parent is working, or perhaps looking for work.

Child costs incurred so that she can socialize would not qualify.

This circumstance is suspect. Many courts require that the parent claiming the child care costs in this type circumstance to provide proof of payment by filing a IRS form 1099, stating that the money has been paid to that person.

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Answered on 1/11/03, 12:05 am


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