palmel1234
journeyman
Reged: 03/05/10
Posts: 93
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I’m asking this on behalf of a co-worker of mine. State is South Carolina.
Father is the NCP. He has been paying $640 a month in child support as per the temporary order. Mother, the CP, reported she was paying $100 a week in daycare expenses, which was imputed when they calculated child support.
Now, the father gets along well with the maternal grandmother and one day found out that the child was not going to daycare as the mother had previously stated.
The maternal grandmother told the father that she had been watching the child, and the mother had only given her $50 a week for it.
In other words, mother said she had $100 a week daycare expenses, paid her mom $50 a week and pocketed the other $50.
Now they are going back to court to finalize child support. Father realizes you can not have the CP specify what child support is going to, but he is concerned CP will lie again about day care expenses to jack up the child support.
I suggested the father ask the court to calculate child support without daycare expenses and court order him to pay half (or an equitable share depending on their incomes) of day care expenses directly to the day care facility.
Does anyone know if there is a way to prevent the CP from lying about day care expenses again? Has anyone ever heard of a child support arrangement were the parents paid day care expenses separately from child support? I've heard of this being done with medical expenses, i.e. the NCP pays child support and half of medical expenses on top of that. Even if it can be proven the CP lied about day care, would the judge order it be included anyway, regardless?
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1966Gal
Carpal \'Tunnel
Reged: 04/04/08
Posts: 10098
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I suggested the father ask the court to calculate child support without daycare expenses and court order him to pay half (or an equitable share depending on their incomes) of day care expenses directly to the day care facility.
Does anyone know if there is a way to prevent the CP from lying about day care expenses again? Has anyone ever heard of a child support arrangement were the parents paid day care expenses separately from child support? I've heard of this being done with medical expenses, i.e. the NCP pays child support and half of medical expenses on top of that. Even if it can be proven the CP lied about day care, would the judge order it be included anyway, regardless?
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If NCP and CP's incomes aren't equal, then you wouldn't split daycare costs in 1/2, you would split them in ratio to income.
If the $100/week is "in line" with what normal daycare costs are in your area, you'll have a hard time proving that she isn't paying it, unless you can get grandma to testify that BM has only been paying her $50 week. If grandma won't testify to that, then I can't see him winning.
Normally, daycare costs *are* included in the CS calculation. If you wanted to pay Grandma seperately, all grandma has to do is charge $100 and then kick back $50 to her daughter. I really think he is trying to fight a lost cause.
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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palmel1234
journeyman
Reged: 03/05/10
Posts: 93
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"If the $100/week is "in line" with what normal daycare costs are in your area, you'll have a hard time proving that she isn't paying it, unless you can get grandma to testify that BM has only been paying her $50 week."
He and the grandma get along so well, she might actually testify.
The thing is, the grandma doesn't even watch the child anymore. The father didn't find out the mom lied until almost a year later when the grandma happened to mention in conversation how much the mother was giving her to watch the child.
The child has been in and out of various daycares since then. He is concerned that since the mother lied about day care in the past, what's to stop her from lying about it now?
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jsp
Carpal \'Tunnel
Reged: 09/30/05
Posts: 4197
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Nothing is to stop her from lying - you ask that the father pay his share to the day care directly and has to be notified within 72 hours of a child care change.
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1966Gal
Carpal \'Tunnel
Reged: 04/04/08
Posts: 10098
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The child has been in and out of various daycares since then. He is concerned that since the mother lied about day care in the past, what's to stop her from lying about it now?
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Nothing. But who is watching the child now? Sounds like grandma USED to watch the child, but in the past year the child has been attending various daycares???
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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palmel1234
journeyman
Reged: 03/05/10
Posts: 93
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"But who is watching the child now? Sounds like grandma USED to watch the child, but in the past year the child has been attending various daycares???"
Sorry, didn't mean to sound so confusing.
Yes, the grandma used to watch the child at one time before he started school. Then when he started school the child went to an after school program, which was probably less than $100 a week as well. Then the mother recently lost her job and when that happened she took the child out of the after school program he was in, so right now he's not in day care at all.
The father is concerned she could say he's in daycare when he's not, or fudge the numbers, since she's done it in the past.
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1966Gal
Carpal \'Tunnel
Reged: 04/04/08
Posts: 10098
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Then ask for receipts and ask that he be allowed to pay the daycare provider directly since he believes that she is not being honest about the true cost of daycare.
Not sure if he'll get it or not, but it's a reasonable request.
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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palmel1234
journeyman
Reged: 03/05/10
Posts: 93
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"Not sure if he'll get it or not, but it's a reasonable request."
Sure, that's what I'm thinking. Thanks.
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1966Gal
Carpal \'Tunnel
Reged: 04/04/08
Posts: 10098
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Just be careful when using the term "he'll pay his HALF..." Make sure he uses the words "he wants to pay HIS SHARE..."
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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MrsB
Carpal \'Tunnel
Reged: 07/03/10
Posts: 6355
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Here you can backdate daycare that's lumped in with child support and go back to get reimbursed for what he overpaid. You may want to check into it and talk to an attorney if it's a large amount.
I'd also be requesting to pay the provider directly.
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