Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have a California family law question. My question is

I have a California...

I have a California family law question

Lawyer's Assistant: Has anything been filed or reported?

Yes, my question is regarding mandatory add on to child support

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Ca

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I pay child support that includes a mandatory add on of half her childcare costs. She has chosen to pay a nanny an exorbitant amount of money and I am wondering how I can challenge this

Show More
Show Less
Ask Your Own Family Law Question
Answered in 4 minutes by:
8/18/2017
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 31,985
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified

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

Ask Your Own Family Law Question

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?

Ask Your Own Family Law Question
Customer reply replied 10 months ago
hi, thanks. We have had this order for 2 years and I have been paying the cost the entire time but we have another court date coming up and I would like to know if there are any exceptions to the mandatory add on. We have 50/50 custody time with the 3 children. I generate no daycare costs. She has chosen to pay a nanny around $1600 per month for only 2 days of care per week. During this care time she is usually working from home. Additionally, I would be available to watch the children during the paid care time.

Thank you and please allow me a moment to respond

Ask Your Own Family Law Question
Customer reply replied 10 months ago
Child care from a different nanny or from a daycare would cost significantly less, likely in the 800/month range. I believe she is paying the nanny so much because it is spiteful to me, and because the nanny does house cleaning and meal prep that is not related to childcare but for which I then pay half the cost.

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.

Ask Your Own Family Law Question
Customer reply replied 10 months ago
Thank you. I work night shifts on the days that she has a nanny. This means that for at least part of the day, I am sleeping while the children would need to be watched. My girlfriend and I live together and she is willing to watch the children for the time that I sleep. Do you think this would be reasonable to the judge? Also, can you think of any other way that I could convince the court to have both the mother and I each be fully responsible for our own childcare costs?
Customer reply replied 10 months ago
She also appears to be paying the nanny under the table. Is this something to bring up?

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.

Ask Your Own Family Law Question
Customer reply replied 10 months ago
This is my first time using this site so I'm not sure how many questions I get. Your answers have already earned you a 5 star...thank you. ***** am unable to get a limit or otherwise get the care moved to my responsibility, would it be acceptable to pay my girlfriend for time when she watches my children for work related activities on my custody days? When I have work she watches them but I don't pay her anything now. If I pay my girlfriend, would that be acceptable to share that cost with the mother?

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.

Ask Your Own Family Law Question
Customer reply replied 10 months ago
The nanny is paid by the mother under the table. Is this a factor the judge would take into consideration?

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.

Ask Your Own Family Law Question
Customer reply replied 10 months ago
That makes sense. I am in an odd situation. My attorney I've had for this entire 2.5 year battle just died randomly. I have a court date in 1 month and I have found an attorney that will attend with me on the court date for a flat fee but I who will not be doing any of the prep considering the short time frame. In order to bring up the costs she is paying the nanny, how do I get the mother to show or tell the court how much she is paying the nanny per hour? I know how much I have been paying so I can provide that but do I need to request receipts or information somehow before the court date or will the judge just ask the mother those questions during the trial?

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.

Ask Your Own Family Law Question
Customer reply replied 10 months ago
Thank you for the advice regarding the attorney. It is a strange situation because all of my files are locked in the deceased attorney's office. He was a solo practice and the CA state bar has some rules about releasing anything until they verify death and send out some sort of manager to release the files. So, the attorneys I've contacted will need more money than I can afford to get up to speed on all the issues. I feel that I know all the issues but I need a litigator present to do all the procedural items such as questioning and such. I am trying to figure out anything I need to prepare to bring to court to be ready. It is a mess. From our conversation I now realize I should bring quotes for childcare that show she is paying a ridiculous amount. Are there any other items you can think of that I should have on hand to help make my case related to childcare costs? I recognize that is a broad question but I appreciate any advice on this.
Your attorney wants to focus on the issue at hand, which is the high and what you feel is the unnessaey cost of child care at this time. You want to show the judge you can not afford it, as it is unreasonable and that there are more affordable child care options in the area. If you can present other quotes and estimates the mother may be required to explain and support the need for this specific nanny.
Ask Your Own Family Law Question
Customer reply replied 10 months ago
thank you for your help. I absolutely will give you 5 stars. Is there a way to contact you again on this site or is it just luck of the draw? What hours are you on so that I can get you again next time I have questions?

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.

FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 31,985
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified
FamilyAnswer and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask FamilyAnswer Your Own Question
FamilyAnswer
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 31,985
31,985 Satisfied Customers
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases

FamilyAnswer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
My child support agreement states" The Husband's obligation
My child support agreement states" The Husband's obligation to pay child support for the child shall continue until the child reaches the age of eighteen and graduates from high school (if there is a … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,167 satisfied customers
I pay child support by my child's mother took him from me in
I pay child support by my child's mother took him from me in May and I have not see him since can she get away with this my son was with me every day until I went to work. … read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,520 satisfied customers
My son's mother filed a petition for paternity/child support
Hi, my son's mother filed a petition for paternity/child support with a standing order that reads under paragraph 8: "each party is hereby enjoined and restrained from causing or permitting the minor … read more
Sean K
Sean K
Attorney/Member
JD
783 satisfied customers
How can i get more child support from my children's mother?
How can i get more child support from my children's mother? She has 2 jobs, but she's only ordered to pay $150 per month.… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,167 satisfied customers
Is child support meant to cover school expenses or does that
Is child support meant to cover school expenses or does that get split 50/50 between the parents? I can't seem to find more than the medical and child care costs needing to be split. … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,167 satisfied customers
I came to a child support agreement with my son's mother
I came to a child support agreement with my son's mother which has been signed an notarized. It has not yet been signed by a judge. In the agreement we state that income reviews will happen in April f… read more
Attorney DROD
Attorney DROD
Sole Practioner
Doctoral Degree
47 satisfied customers
My child support states" Child support shall be payable foe
My child support states " Child support shall be payable foe each child until that child dies, marries, enlist in the armed forces, otherwise becom emancipated, or reaches age eighteen or graduates hi… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
512 satisfied customers
My ex is remarried and is requesting more child support,
My ex is remarried and is requesting more child support, when figuring out child support does it go off of just his income or both of theirs … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,167 satisfied customers
Seeking a meaning to ordered child support in a divorce
seeking a meaning to ordered child support in a divorce decree. Child is 18, graduated from high school, and not enrolled in any college. … read more
Sue
Sue
Juris Doctorate
527 satisfied customers
My fiance has one child and the mother has two child support
My fiance has one child and the mother has two child support cases opened in different states and she says he has to pay both. Is that true? … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,167 satisfied customers
I have a question about child support, My child's mother
My child's mother recently filed on Friday. Court isn't until July. My child is 4 years old. I have been giving money every month for thr past 4 years and last week I got a DNA test done so she got mad and filed for child suppoty support* … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,167 satisfied customers
Mother was receiving child support. Mother moved to va but
Mother was receiving child support. Mother moved to va but son wanted to stay in ny. Son bus picks him up at grandparent during the week sleeps at grandparent and father will keep him on weekends or w… read more
LegalGems
LegalGems
Juris Doctorate
12,313 satisfied customers
Family lawyer? Florida. Are you in family law. Family law?
Family lawyer? JA: What state is this in? It matters because laws vary by location. Customer: Florida JA: What steps have been taken so far? Customer: Are you in family law JA: Anything else you want … read more
Sean K
Sean K
Attorney/Member
JD
783 satisfied customers
Familyanswer, in the california child support guideline
Hi familyanswer, in the california child support guideline calculator, it asks "other child support being paid". Could this apply to the support I am providing for my current step daughter? Or is this… read more
FamilyAnswer
FamilyAnswer
Lawyer
31,985 satisfied customers
Child Support modification assistance. The divorce was in
The divorce was in Florida, but My ex-wife and son moved to AZ, and I now live in WV. I am unemployed, but retired from the military. The Child support was based on my income when I was employed and hasn't been adjusted. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have some back child support that the mother of my son
I have some back child support that the mother of my son wants to have erased.... can she do that? Also, she also wants to take me off child support?? Is that possible? If so, what do I need to do to … read more
Sean K
Sean K
Attorney/Member
JD
783 satisfied customers
We have a family law, child support question. North
No. We currently have a child custody agreement but it is dated and incomes have drastically changed … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Looking for some family law child support counsel.
Hello. Looking for some family law child support counsel … read more
Ray
Ray
Lawyer
Doctoral Degree
33,059 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x