Legal Question in Family Law in Utah

I'm responsible for 1/2 of work-related day-care expense. My X employs girls from her church and pays them $12/hour, which I think is an excessive hourly rate. She also pays in hour increments. I've asked her to provide detailed invoices showing; sitter, date, start/end time. To date, she has not provided detail, she just provides the amount paid on a day/check.

Questions;

- Do I have to pay $12/hour? I've told her I will only pay $8/hour.

- Do I have to pay in hour increments? I've told her I will pay in 15 minute increments.

- I she hasn't provided detailed invoices, if we go to court would she have enough evidence to hold me in contempt?

- I've begun recalculating her invoices and only pay $8/hour. What is the likely outcome if we go to court? Will I be liable for $12/hour?


Asked on 8/09/11, 9:06 am

1 Answer from Attorneys

Jared S. Lawrence Jared Lawrence PC

Much of the answer depends on what is stated in the Decree regarding legal custody and payment of daycare expenses, the daycare provider, etc. $12/hour may be excessive, but it may be cheaper than daycare. How many children and what are their ages? Call some licensed daycare providers to find out what their rates are and whether it will be significantly cheaper. They are also usually trained in CPR etc and would be safer and more protective than girls from her church. If you have 7 kids, $12/hour may be much better and cheaper than the alternatives.

Why hourly rates? Maybe $12/hour is cheaper than the monthly flat rate cost of a daycare. However, many daycares also have hourly rates. Yes, you may have to pay for a full hour even if it is 30 minutes. Remember that it must also be work-related expense, not going out shopping or some other event. She can provide proof of her work schedule too.

Letting her incur the expense and then going to court, the Judge may say you are liable for 1/2 of the expense. In other words, if you wait, it may make you liable for the $12/hour. Find out the alternatives, show her the alternatives, and see if you can come to an agreement. If not, at least when you go to court you can show the judge what you did do.

Either way, you should be able to get names and phone numbers and addresses of the people that care for your children. Then you can call and make sure that they are only being paid to watch the children and not clean the house too or to do some other type of work.

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Answered on 8/09/11, 9:27 am


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