QUESTION
Can she pay him and claim it as a child care expense if her boyfriend lives with her full time?
Asked on Apr 03rd, 2014 on Divorce - Rhode Island
More details to this question:
My husband’s ex-wife claims she is paying her live in boyfriend to watch her kids while she is at work. She is asking for a modification of child support based on this because she currently pays child support to my husband. How is that different than me (the step mom) watching them while my husband is at work?
4 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Day care is only deductible if the provider is a licensed day care provider.
Answered on Apr 04th, 2014 at 5:47 PM
There is no difference and it is doubtful that the court will allow a change in support when the child care is not being provided by a neutral third party.
Answered on Apr 04th, 2014 at 4:33 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If she is working, she and the father must share the cost of day care. If she pays the boyfriend to watch the kids, she will have to provide proof of actual payment.
Answered on Apr 04th, 2014 at 12:46 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It sounds like game playing, ask for copies of the check and copies of his income tax showing that he is declaring the income.
Answered on Apr 04th, 2014 at 9:42 AM