More Daycare Questions

[MommyX4StepX1]

Court papers state
"The parties also agree to equally share the cost of all reasonable employment or school-related day care cost incurred for the minor child. Third party petitioner shall provide receipts to the respondent"

BM ( third party petitioner) is going out of town for a week for a softball convention. Dad ( respondent) and I ( stepmom) will have SD for this week.
 I will be taking and picking up SD from school. There will be no need for after school daycare for this week. BM works until 5pm on a regular basis, So SD normally goes to after school care during the week.
BM has to pay daycare regardless if SD is there or not. ( i.e if SD is sick)

Since SD will not be in daycare for this week and BM is not working or in school for this week.

1. Is Dad still responsible to pay for half for this week?

just curious....
I know when BM was not working and was putting SD in daycare Dad was not responsible for the daycare costs.

[socrateaser]

>Court papers state
>"The parties also agree to equally share the cost of all
>reasonable employment or school-related day care cost incurred
>for the minor child. Third party petitioner shall provide
>receipts to the respondent"

>1. Is Dad still responsible to pay for half for this week?

This is a surprisingly difficult question.

Under your court order, you are only responsible for one half of the reasonable employment or school-related day care costs. As the facts show the parent utilizing day care will not be using it for either employment or school-related activities, you are not responsible. However, if, in order to maintain your ability to use day care services, you must keep the child enrolled in the service, during the time that the other parent is away, then you are still responsible for one half of the payment, because the payment is reasonably related to maintaining the day care services.

If the convention was for more than one week, then I would say that it is no longer reasonable, but that's my opinion of reasonableness, not the judge's.

Also, if you can maintain enrollment in the day care service for less money, if you notify the service that the child will not be in attendance, but you only wish to retain your place in the service, then you would only be liable for the lesser amount. However, if you do not affirmatively act to make arrangements, or request that the other parent do so, or consent to your making arrangements with the day care service (and assuming that you have no direct right to negotiate with the service), then you will be responsible for the actual charges incurred, because you consented to those charges, and made no attempt to mitigate them in advance.

[MommyX4StepX1]

Court papers state
"The parties also agree to equally share the cost of all reasonable employment or school-related day care cost incurred for the minor child. Third party petitioner shall provide receipts to the respondent"

BM ( third party petitioner) is going out of town for a week for a softball convention. Dad ( respondent) and I ( stepmom) will have SD for this week.
 I will be taking and picking up SD from school. There will be no need for after school daycare for this week. BM works until 5pm on a regular basis, So SD normally goes to after school care during the week.
BM has to pay daycare regardless if SD is there or not. ( i.e if SD is sick)

Since SD will not be in daycare for this week and BM is not working or in school for this week.

1. Is Dad still responsible to pay for half for this week?

just curious....
I know when BM was not working and was putting SD in daycare Dad was not responsible for the daycare costs.

[socrateaser]

>Court papers state
>"The parties also agree to equally share the cost of all
>reasonable employment or school-related day care cost incurred
>for the minor child. Third party petitioner shall provide
>receipts to the respondent"

>1. Is Dad still responsible to pay for half for this week?

This is a surprisingly difficult question.

Under your court order, you are only responsible for one half of the reasonable employment or school-related day care costs. As the facts show the parent utilizing day care will not be using it for either employment or school-related activities, you are not responsible. However, if, in order to maintain your ability to use day care services, you must keep the child enrolled in the service, during the time that the other parent is away, then you are still responsible for one half of the payment, because the payment is reasonably related to maintaining the day care services.

If the convention was for more than one week, then I would say that it is no longer reasonable, but that's my opinion of reasonableness, not the judge's.

Also, if you can maintain enrollment in the day care service for less money, if you notify the service that the child will not be in attendance, but you only wish to retain your place in the service, then you would only be liable for the lesser amount. However, if you do not affirmatively act to make arrangements, or request that the other parent do so, or consent to your making arrangements with the day care service (and assuming that you have no direct right to negotiate with the service), then you will be responsible for the actual charges incurred, because you consented to those charges, and made no attempt to mitigate them in advance.