Family Law Questions? Ask a Family Lawyer Online.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern
Good morning. I certainly understand. Did the order place any limits or restrictions on child care? Was she able to select a nanny or a child care facility? Do you know what average child care cost is and why she is paying this person so much more?
Thank you and please allow me a moment to respond
In a situation like this, a party could first ask the Judge to order a right of first refusal, regarding child care. By that, I mean if you are able to watch the children while she needs to work, you can ask the Judge to order that she offer and give you a chance to do so, before hiring and using a nanny and paying for this. If you are able to do so and it can be done without interfering with her work, you can ask to watch the kids, if you can show that you can consistently do this. It could not be a week by week or month to month thing, since she could not be left at the last minute looking for child care but as long as you could do this all the time, the Judge could consider it. The other option which a party has, is to show and convince the Judge that the cost of the child care is NOT reasonable. That there are alternative and comparable child care options available and that the costs which you are having to incur, are not affordable and are creating a hardship.
You are welcome. It could be presented but the Judge may have issue with having to rely on your girlfriend, instead of you being solely responsible. She would likely need to appear and testify and share with the Judge and show she is committed to watching them every single time. As far as cost, you could try and get the Judge to impose a limit, at this time, which you need to contribute, forcing the mother to pay anything above what is reasonable, if she feels the need. You also can ask for receipts to show payment, if you desire. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.
You are welcome and I kindly just ask when we are done, that you remember to rate my help at the top, so the site provides me with the proper credit. Yes, if you have to incur the cost of child care as well, you can ask that the mother share in it. If your girlfriend is taking away and/or giving up her ability to work, to watch the children, you could try and argue that it is more affordable to pay her to watch the children, instead of hiring someone else, so the mother needs to contribute and share in the cost. You could try and present that argument or simply ask and make sure the Judge orders that the mother share in the cost of child care and if you decide to pay your girlfriend, assess her the amount which she is required to pay and if she has an issue with this, let her take you back to court, unless of course there are limits and restrictions, on who can actually watch the children.
You could address it but it is not really relevant here, as it is up to the mother and the nanny, to disclose this and for the nanny to pay taxes on the money earned.
This is something which you or the Judge could address and have her testify to and support with proof. She may need to start providing you with receipts, showing what was paid. The Judge could ask the mother or your attorney could question her as well. This is not something that she can keep hidden and is relevant, so it will be inquired about. As far as the issue with your attorney, if the attorney is not going to prepare and be ready for this, I am not sure they are acting in your best interest. The attorney should be ready for this hearing, so you may want to speak with other counsel, if you do not feel this attorney can represent your best interest.
Yes, you can come back to this page and I will be happy to respond. I am on every day, so once you respond, I will be alert. Thank you again.