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When is daycare no longer required? (Family Law)

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• Mon, 05 Jan 2009 10:17:00 GMT(1)

• Quote:

  Originally Posted by LdiJ

  If child support goes to court for any kind of a modification, even one to drop daycare, its almost guaranteed to get recalculated at that time. So, even when the children turn 13, it might be in your best interest to leave things alone...assuming that your income doesn't decrease.
  As far as the custody issues are concerned, you can push for the courts to reassign a GAL.

  That was my thinking exactly on leaving things alone. I have a feeling she's not going to let it stand that long - she's constantly looking for ways to stick it to me. She'll get drunk and start "drunken dialing" me and family members at all hours of the night. She is not supposed to be drinking per the court too, but if I mention it, she'll say "prove it". She is a violent alcoholic that has 3 criminal domestic violence convictions. I was the victim in all cases (which is one reason I'm not there anymore). Not that I couldn't defend myself, but in SC, the male almost always is the one to go to jail. I was just smart enough to restrain myself.
• Sat, 14 Feb 2009 12:44:00 GMT(2)
• Wow. This is crazy and the kids have to deal with this along with trying to focus in school and home life is frustrating. Also, I agree with previous poster...your main focus and issue is with the paying of child support. Yet, you are fail to mention any additional assistance concerning the after care for your kids other than stating how the mother can change her schedule to assist you in saving % of the court order child support.
• Mon, 05 Jan 2009 11:13:00 GMT(3)
• By the way, I thought I was finally going to get some justice when the judge ordered that her mother get temporary custody and that a GAL would be appointed to make recommendations for permanent custody. But nothing ever happened and the kids were back with her within 10 days. She manipulated the system somehow - I just don't know how she did it. Same thing happened when they were 3 years old. She let them play outside by themselves (next to the road) and somebody called DSS (social services) and reported her. They called me and I told them what I knew. Somehow the case worker was changed in the midst of the investigation and nothing was ever done about it. I have no idea how she did it.
• Mon, 05 Jan 2009 10:30:00 GMT(4)

• Quote:

  Originally Posted by gobarr

  That was my thinking exactly on leaving things alone. I have a feeling she's not going to let it stand that long - she's constantly looking for ways to stick it to me. She'll get drunk and start "drunken dialing" me and family members at all hours of the night. She is not supposed to be drinking per the court too, but if I mention it, she'll say "prove it". She is a violent alcoholic that has 3 criminal domestic violence convictions. I was the victim in all cases (which is one reason I'm not there anymore). Not that I couldn't defend myself, but in SC, the male almost always is the one to go to jail. I was just smart enough to restrain myself.

  So how is it that she ended up with custody? And why are you not actively pursuing the collection of proof so that you can file against her for contempt? It seems pretty sad that your primary focus seems to be when you can stop paying for day/after school care and how to avoid a support increase.
• Mon, 05 Jan 2009 09:11:00 GMT(5)
• 13. Besides, you can't take a child care deduction after 13 anyway.
• Mon, 05 Jan 2009 09:35:00 GMT(6)

• Quote:

  Originally Posted by truebluemd

  Check your states child support guidelines. Some states have an age limit for the application of work related child care expenses.
  What do you mean by public after care program? Are you saying mom doesnt pay anything for the after care program she uses?
  Also, how do you know mom isnt paying the grandparent for his/her services?.

  Thanks for the replies everyone.
  It is my understanding that the kids have been in trouble at school and that the principal has made them go to some sort of after school program where they do their homework with the help of a teacher or staff of some sort. They have been getting into fights, throwing food in the lunchroom, talking in class, etc. Teacher wanted their mom to get one of them checked for ADHD. I think the problem is that they have absolutely no guidance or discipline whatsoever. They are literally allowed to climb all over the furniture - jump from the couch to a chair, etc. One called his grandmother a fu&*ing b17(h.... at 7 years old. Two court hearings ago, the judge ordered that she was to turn over custody to her mother (wow, big help there) and that a guardian ad-litem was to evaluate the living conditions and make recommendations on custody. That NEVER HAPPENED. Her father worked at city hall at the time as a baliff and somehow the ad-litem was changed from one person to another when the process first started, and it was simply dropped. Nobody came to her house. Nobody contacted me or anyone else in the family.
• Sat, 14 Feb 2009 13:36:00 GMT(7)

• Quote:

  Originally Posted by Monique22

  Wow. This is crazy...

  What's crazy is that you chose to respond to a post that is a month old... please don't necropost.
• Mon, 05 Jan 2009 11:38:00 GMT(8)

• Quote:

  Originally Posted by UDontBugMeClerk

  Geez, wonder why these kids are having so much trouble in school?

  Agreed. As I said, they have no discipline or guidance at home. It's truly a child raising children. I don't want them to not have what they need, but I don't want to be poor either, and I don't think they will be well taken care of regardless of how much money I am required to pay. I just checked the SC support calculation web page, and without the daycare expense, my support would drop from 1600/month to about 850/month. I could afford to get a private detective then. Problem is, if they are not going to daycare now (as I suspect), and I took her to court, she could just start taking them back to daycare again. And she would do that, even if she wasn't getting the benefit of the money herself, just so I would have to pay more. According to the support calculator, when they're 13, even if she had zero income and my income was DOUBLE what it is today, my support payment would be the same as it is now without the daycare cost. I am required to pay 87% of the daycare cost per the court order. And her job is cleaning houses - she doesn't work all day. No reason she can't schedule those in the morning (probably only has one or two a day at the most) and be done by the time they get out of school.
• Mon, 05 Jan 2009 11:23:00 GMT(9)
• Geez, wonder why these kids are having so much trouble in school?
• Mon, 05 Jan 2009 11:07:00 GMT(10)

• Quote:

  Originally Posted by stealth2

  So how is it that she ended up with custody? And why are you not actively pursuing the collection of proof so that you can file against her for contempt? It seems pretty sad that your primary focus seems to be when you can stop paying for day/after school care and how to avoid a support increase.

  Several reasons. One is that in SC, it is almost unheard of for the mother to lose custody. Next, she is an expert in deception and manipulation. I have called the police before when I knew she was drunk at home with the kids. She is smart enough not to keep things out in view, so they didn't see the alcohol. She just sweet talked them (and God knows what else) and they went away. Besides, unless she was stumbling, they wouldn't find anything wrong without having the court order in their hands forbidding alcohol consumption around the children. Next, I live in another state now (job forced me to move). I am hundreds of miles away and cannot gather the evidence myself. Finally, she gets so much money from me (about $1600/month), that I can't afford a private detective to get the evidence for me.
  Anybody know Robert Blake's phone number? (just kidding)
• Mon, 05 Jan 2009 09:21:00 GMT(11)

• Quote:

  Originally Posted by CourtClerk

  13. Besides, you can't take a child care deduction after 13 anyway.

  Yep I also forgot 13 is the IRS limit for the childcare deduction.
• Mon, 05 Jan 2009 09:44:00 GMT(12)

• Quote:

  Originally Posted by gobarr

  What is the name of your state (only U.S. law)? SC
  Day care expenses account for nearly 1/2 of my total support payments. I know the children are not attending the day care, but are instead going to a public school after-school program that probably costs less if not free. They are also picked up from school frequently by a grandparent and stay there in the afternoons. I don't really want to make an issue of this because my income has increased and it may backfire on me. So, I am wondering at what age, if any, would the family court determine that the children no longer need day care? They are 7 years old now. But would they really need day care at 1 or 12 years old or older?

  If child support goes to court for any kind of a modification, even one to drop daycare, its almost guaranteed to get recalculated at that time. So, even when the children turn 13, it might be in your best interest to leave things alone...assuming that your income doesn't decrease.
  As far as the custody issues are concerned, you can push for the courts to reassign a GAL.
• Mon, 05 Jan 2009 11:31:00 GMT(13)

• Quote:

  Originally Posted by gobarr

  By the way, I thought I was finally going to get some justice when the judge ordered that her mother get temporary custody and that a GAL would be appointed to make recommendations for permanent custody. But nothing ever happened and the kids were back with her within 1 days. She manipulated the system somehow - I just don't know how she did it. Same thing happened when they were 3 years old. She let them play outside by themselves (next to the road) and somebody called DSS (social services) and reported her. They called me and I told them what I knew. Somehow the case worker was changed in the midst of the investigation and nothing was ever done about it. I have no idea how she did it.

  So why didn't you file a motion reminding the court that it was going to appoint a GAL and petitioning for custody if maternal grandma is supposed to have temp custody still?
• Mon, 05 Jan 2009 09:13:00 GMT(14)

• Quote:

  Originally Posted by gobarr

  What is the name of your state (only U.S. law)? SC
  Day care expenses account for nearly 1/2 of my total support payments. I know the children are not attending the day care, but are instead going to a public school after-school program that probably costs less if not free. They are also picked up from school frequently by a grandparent and stay there in the afternoons. I don't really want to make an issue of this because my income has increased and it may backfire on me. So, I am wondering at what age, if any, would the family court determine that the children no longer need day care? They are 7 years old now. But would they really need day care at 1 or 12 years old or older?

  Check your states child support guidelines. Some states have an age limit for the application of work related child care expenses.
  What do you mean by public after care program? Are you saying mom doesnt pay anything for the after care program she uses?
  Also, how do you know mom isnt paying the grandparent for his/her services?.
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