My ex-wife has offered to watch the children during the day while I’m at work, but she wants to charge me for her providing “daycare, food, and activities” for the children.
I think it is unreasonable to pay her to watch her own children in addition to the child support I pay.
Can she make me pay her for her time watching the kids as a form of “daycare” expenses?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Wisconsin child support laws where I am licensed to practice.
Child support covers the basic necessities of food, clothes and shelter. Daycare expenses are considered variable costs, at least where I practice.
Variable costs are anything above and beyond basic needs. In some states, variable costs are split in accordance with the percentage of time that each parent spends with the children under a shared placement arrangement.
Many courts do not consider exercising placement in the absence of the other parent (the right of first refusal) to be babysitting or daycare and would similarly not treat the associated expenses as such.
It sounds like you are providing support to her for what we call “equivalent care,” but this still does not rise to the level of daycare expenses.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.