Results 1 to 9 of 9
  1. #1
    Join Date
    Sep 2013
    Posts
    3

    Default Paying Full Time Childcare when Custodial Parent Works Part-Time

    My question involves child support in the State of: California

    When my girlfriend and I split up we decided to use a child support calculator to determine support. At the time she was working 8-10 hours a week and we had our son in child care once a week. I paid 100% of shared bills and 75% of childcare. We decided that it was time to get our own places and had to take another look at how we calculated childcare expenses. She now increased his child care to 4 days a week (9am-4pm) but still works the same hours. She uses the extra time to take online classes, work on starting a business, go to the gym, etc. Since the cost of daycare increased but her income remained the same, the child support calculator now has me paying about 40% more. This just doesn't seem fair. If she were working during the days she added to the calculator, support would have been adjusted accordingly. But since she is not earning anything during that time it seems like I'm getting the short end of the stick. If he is in day care 1 day a week, and I watch him two evenings and all day Saturday, it seems like she should have ample time to get in her 8-10 hours a week. So what do i do?

    1. Switch him to 1 day a week day care until she has more hours to work and return to the old payment schedule?
    2. Only enter the cost of one day a week day care into the calculator and let her absorb the extra cost?
    3. Is there a way to calculate/predict what her income should be based on what she makes now times the free hours she gets from day care which I could apply?

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Paying Full Time Childcare when Custodial Parent Works Part-Time

    Many child care centers won't do 1 day a week. Because of licensing issues, they have to account for that spot so whether you use 1 day or 5 days the rate stays the same because they can't use that spot for any other child

    So you may want to talk to the child care provider and see if that's the case before you do anything

  3. #3
    Join Date
    Sep 2013
    Posts
    13

    Default Re: Paying Full Time Childcare when Custodial Parent Works Part-Time

    Just throwing it out there, but it seems that you are using the amount she earns based on a part time work schedule? As a general rule, most places I have seen will base child support off of earning potential. Since she does not work full time (even though it is because of school) she is considered voluntarily under-employed. Thus most courts would likely impute a figure for her earning potential. Generally that figure is at least 40 hrs a week at min wage. Perhaps you can do that?

  4. #4
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Paying Full Time Childcare when Custodial Parent Works Part-Time

    Quote Quoting Justlearning
    View Post
    Since she does not work full time (even though it is because of school) she is considered voluntarily under-employed.
    Well that's not always true, ESPECIALLY in CA. Keep learning.

  5. #5
    Join Date
    Sep 2013
    Posts
    3

    Default Re: Paying Full Time Childcare when Custodial Parent Works Part-Time

    I know that the daycare will let us do a two day a week schedule, which is what we started at.

    My son's mother has a very flexible work schedule. She works from home and is able to set her own hours. The first year she worked we didn't even use daycare and she just put in hours when I was watching him. Last year she decided to start her own business from home, so we agreed to put our son in daycare two days a week to give her some extra time. The business still isn't bringing in any money. She isn't working longer hours. However she still increased the time he spends in daycare (without asking me).

  6. #6
    Join Date
    Jul 2011
    Posts
    244

    Default Re: Paying Full Time Childcare when Custodial Parent Works Part-Time

    Take note of CourtClerks name and location and pay attention to what she has to say. Often courts will allow childcare when one is furthering their education.

    Who's time is it that mom is putting the child in daycare extra? Are you available at those times to care for the child? If mom has work or school(as I said many allow for school), and these are times the child is in her care, she can certainly put the child in daycare without your permission.
    Businesses often take several years before they bring in money, it may never bring in money, however mom is working, so she is entitled to use childcare.

    Mom also has other things to do with her time, like taking care of the child, making sure the child has food to eat, perhaps taking the child to Dr appts and things like this. Do you do any of those things for your child when mom has that child or on your time with the child? Or do you just WATCH HIM 2 nights a week and all day Sat? Is that all the time you have the child? Are these overnights? Seems to me mom has the child far more then you, mom is the custodial parent, lots more mom has to do then just WATCH THE CHILD.

    Don't know your situation just throwing some things out there for you to consider and think about.

  7. #7
    Join Date
    Sep 2013
    Posts
    3

    Default Re: Paying Full Time Childcare when Custodial Parent Works Part-Time

    We have an agreement that I get to see my son a minimum of two nights a week and all day Saturday. I take any chance I have to see my son more often. Since I am a teacher I had him 5 days/nights a week all summer, winter, and spring break. I have taken him to every Doctor appointment he has had since birth. I take him on weekends when she goes out of town and nights when she has to study. More often than not I pick him up from daycare and watch him until bedtime Monday through Thursday. Its only the custody agreement that says two nights a week and Saturday.

  8. #8
    Join Date
    Sep 2013
    Posts
    5

    Default Re: Paying Full Time Childcare when Custodial Parent Works Part-Time

    You could do any of the above depending on what your ex agrees to. Have you spoken with her?
    If you come to agreement it'd be your best bet. As the court may or may not see it your way.
    In some cases day care IS allowed for school but an income can also often be imputed for the custodial parent which could relieve you of some obligation.

  9. #9
    Join Date
    Jul 2011
    Posts
    244

    Default Re: Paying Full Time Childcare when Custodial Parent Works Part-Time

    Quote Quoting golzarmy
    View Post
    We have an agreement that I get to see my son a minimum of two nights a week and all day Saturday. I take any chance I have to see my son more often. Since I am a teacher I had him 5 days/nights a week all summer, winter, and spring break. I have taken him to every Doctor appointment he has had since birth. I take him on weekends when she goes out of town and nights when she has to study. More often than not I pick him up from daycare and watch him until bedtime Monday through Thursday. Its only the custody agreement that says two nights a week and Saturday.
    Is there any court orders? You keep saying we made an agreement on both child support and parenting time, we need to know if there is court ordered child support and court ordered parenting time?

    If your not available to watch him when mom is working or going to school, then she has to use daycare. You should since your a teacher have extra time to limit the length of the time each day the child is in daycare, however most daycares charge for a full day of daycare after 4 or 5 hours. The time you have during school(and it's because of your own work schedule), is a few hours during the day, mom has the overnights, overnights are what count in child support. You will have to look up CA child support and see if you even get a credit for overnights, not all states give that.

    Lets go over this again, right now each week, how many overnights do you have? Do you take the child every other weekend from Fri eve until Sun eve? Standard parenting time, which is what most courts order when 2 parents can't agree, is every other weekend and one weeknight(that usually is only 2 or 3 hours). What you got now is far more then that, and in the summer you had even more time, plus you get extra during school breaks. Not sure you really want to go making a fuss and end up in court with this.

    It boils down to you not available during those 4 days a week she is using daycare. She works one job for 8 or 10 hours, that's at least one, maybe 1 1/2 days of daycare. On top of that she has a business she is running(does not matter that it is not yet making money), so she could easily get a day or 2 days of daycare saying it's while she runs this business. On top of that she goes to school, daycare can be allowed for school.

    If you end up in court, best your going to get is mom imputed with a full time income, but in order to impute with a full time income she has to be able to work that full time job. In order to work that full time job, she has the child who will need daycare full time. You could wind up in court paying for 5 days of daycare. Imputing her will be at whatever wage she is capable of making, so if she is making low wages, I would run this all through the child support formula and see what it comes up with. Run it a bunch of ways, run it using 40 hours imputing at the wage she makes, run it using minimum wage, run it with the child in 4 days, then run it with the child in 5 days. Run it using the overnights you have now, run it using the standard parenting time overnights(if CA even gives credit for overnights).

    1. Sponsored Links
       

Similar Threads

  1. Harassment: Can My Boss Cut Me from Full-Time to Part-Time
    By medtech in forum Employment and Labor
    Replies: 5
    Last Post: 01-08-2012, 06:31 AM
  2. Disqualification: Getting Unemployment After Being Laid Off From Full-Time Job, Quitting Part-Time Job
    By dobra in forum Employment and Labor
    Replies: 3
    Last Post: 06-25-2011, 07:03 PM
  3. Unemployment Benefits: Unemployment if You Quit a Part-Time Job After Being Laid Off From Full-Time
    By Austin.D in forum Employment and Labor
    Replies: 3
    Last Post: 06-01-2011, 10:32 AM
  4. Unemployment Benefits: Changing from Full Time to Part Time
    By hammertoes in forum Employment and Labor
    Replies: 3
    Last Post: 04-23-2011, 08:14 PM
  5. Grandparents and Third Parties: Full-Time Grandma vs Part-Time Parents
    By shankins72 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 01-15-2009, 05:37 PM
 
 
Sponsored Links

Legal Help, Information and Resources