Are Babysitter Costs Split Between Parents as a Child Care Expense

[Adsan1280]

My question involves child support in the State of: NJ, Hudson County

Does a babysitter have to be licensed in order for those costs to be accepted as part of the child support calcs in court. I have a babysitter that has an early child development certificate but not a babysitter's license. she has been taking care of my son after school for the last month. I have the money order stub(s) as evidence of payment. Is this enough or does the babysitter have to be certified/licensed? Or does it have to be a day care? My son is 9.

[Dogmatique]

The NJ statutes only pertain to day-care.

In other words babysitting is absolutely fine as long as your court order otherwise addresses it.

By the same token if the court order contains ROFR (right of first refusal), it can change things a bit.

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And (forgive me for stating the obvious) as long as it's not the neighbors' 6 year old doing the babysitting.

[Adsan1280]

Thanks for your response Dogmatique.

So just for me to be clear on this....a babysitter does not have to be licensed (As there is no law in NJ that states it) in order for those costs to be considered part of the Net work related portion of the child support calculation?

Can the judge ask for it even though there is no law that states the need for a license?

No worries....I wouldn't allow a minor take care of a minor - it is a disaster waiting to happen. Babysitter will be at least 18 years old if not older.

What is the ROFR - When does it come up? and when it is appropriate or inappropriate?

[Dogmatique]

Thanks for your response Dogmatique.

So just for me to be clear on this....a babysitter does not have to be licensed (As there is no law in NJ that states it) in order for those costs to be considered part of the Net work related portion of the child support calculation?

Can the judge ask for it even though there is no law that states the need for a license?

No worries....I wouldn't allow a minor take care of a minor - it is a disaster waiting to happen. Babysitter will be at least 18 years old if not older.

What is the ROFR - When does it come up? and when it is appropriate or inappropriate?

No, babysitters don't have to be licensed. Think of the millions of teenagers who regularly "babysit" for relatives.

The judge ask for what? proof of licensing? "no". The judge can't requested something that doesn't exist (in this context).

[brownj12]

What is the ROFR - When does it come up? and when it is appropriate or inappropriate?

ROFR, is Right of First Refusal, in some court orders it is stated that whenever one parent cannot care for the child they must contact the other parent and offer to have them care for the child before finding a third party to care for the child. If it is not in your court order then you don't need to worry about it.

[Disagreeable]

It seems as long as the sitter has passed a basic Red Cross babysitting course, their effort should be recognized in court.

[Adsan1280]

BrownJ12 Thanks for your response on the ROFR - Mother lives in FL, so doesn't apply here - I guess that's why I hadn't heard about it before. Dogmatique thanks for your response again...I don't see any laws either about a babysitter having to be licensed in order for the costs to be considered part of child support calcs...but my attorney is telling me that the courts won't accept even a licensed babysitter, just a certified day care. So I'm really confused here.

[cbg]

There's what the law permits, and what the individual court will require. They are not necessarily the same thing.

[Adsan1280]

CBG could you please clarify....I have met with multiple lawyers and none have mentioned anything regarding a law against a babysitter's costs being added to the Net Work related costs section of the child support calculation.

[cbg]

That's because there is not a law against a babysitter's cost being added to the New Work related costs section of the child support calculation. It can be if you include those costs when you present the costs to the court. There is no law that says a babysitter has to be licensed before the costs can be considered as part of the child support calculation.

However, the judge does have a certain amount of discretion in what he will accept. Not a lot, at least in NJ. He has to have "good cause" to deviate from the guidelines. But if the judge sees a reason for it, it is conceivable that he could require that a baby sitter be licensed or that CP use a day care center, EVEN IF the law does not require that to be the case.

Because, you see, there also isn't a law that expressly states, Babysitters need not be licensed, or, a CP cannot be required to use a daycare center. It isn't a law that they must, but there also isn't a law that says it can't be required in an individual case.

I'm not saying that's the case here. But if your attorney is the one saying the judge is going to want a licensed sitter, you might want to ask him why.