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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 10-23-2017, 08:58 PM
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How many children do you have? Why would daycare "becomes 400 or 600 a month" ? If your ex gets a job, precluding her from subsidy, then you would have to share the cost correct? Then I guess your share could be 400 or 600 (I don't know what daycare costs are in your area).
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Old 10-23-2017, 09:34 PM
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1 child.

ex has a job. min wage. the more days child misses daycare and has access with me instead, then higher costs become. if mom changes daycare or decides subsidize doesn't work anymore or for whatever reason, then costs could increase.

My position is that I should have child as opposed to daycare in mornings. mom is actually available in mornings but just chooses daycare over me.

I am trying to avoid getting into the spiral.
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Old 10-23-2017, 10:31 PM
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You are essentially requesting more time - mother likely believes that you can control her. She likely is afraid that if she 'gives an inch you will take a mile.'

I believe it is up to mother what she does with child when it is her time as it is up to you when you have time with child.
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Old 10-23-2017, 10:51 PM
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Quote:
Originally Posted by arabian View Post
You are essentially requesting more time - mother likely believes that you can control her. She likely is afraid that if she 'gives an inch you will take a mile.'
Yes - I am requesting more time. And yes, she is opposing shared custody.

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Originally Posted by arabian View Post
I believe it is up to mother what she does with child when it is her time as it is up to you when you have time with child.

Yes. And me having our child instead of daycare would give me more time without taking any time away from her.
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Old 10-23-2017, 11:05 PM
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I believe that daycare is not a section 7allowable expense if itís being used for the purpose of going to work or attending school.

Therefore if Mom is available in the mornings and chooses to put the child into daycare rather than allow the other parent to look after them then the child is,not in daycare for the purposes of work or school therefore it is not a section 7 expense.

Usually if you are receiving subsidize daycare you have to prove you are going to work or attending school. Usually itís a very tightly controlled schedule. You have daycare for the hours of work and travel. If you call in sick the. Daycare is not covered. If you messa round with your daycare hours they will cut you off subsidized care.

So if Mom is putting child in daycare and as you suggest not going to work she will not be able to claim that daycare as a section 7.

You can ask for her work schedule and proof that the child attended daycare due to her actually going to work.

Remember camps in March Break, Summer etc can also be used under section 7. Umbrella.
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Old 10-23-2017, 11:09 PM
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Quote:
Originally Posted by trinton View Post
Yes - I am requesting more time. And yes, she is opposing shared custody.




Yes. And me having our child instead of daycare would give me more time without taking any time away from her.
No - you would likely immediately calculate that time you spent with your child and proceed to alter the financial aspect of your shared parenting would you not? Isn't this where the 40-60 thing comes into play?
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Old 10-23-2017, 11:22 PM
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Quote:
Originally Posted by Beachnana View Post
I believe that daycare is not a section 7allowable expense if itís being used for the purpose of going to work or attending school.

Therefore if Mom is available in the mornings and chooses to put the child into daycare rather than allow the other parent to look after them then the child is,not in daycare for the purposes of work or school therefore it is not a section 7 expense.

Usually if you are receiving subsidize daycare you have to prove you are going to work or attending school. Usually itís a very tightly controlled schedule. You have daycare for the hours of work and travel. If you call in sick the. Daycare is not covered. If you messa round with your daycare hours they will cut you off subsidized care.

So if Mom is putting child in daycare and as you suggest not going to work she will not be able to claim that daycare as a section 7.

You can ask for her work schedule and proof that the child attended daycare due to her actually going to work.

Remember camps in March Break, Summer etc can also be used under section 7. Umbrella.
Exactly my thoughts. I would gladly contribute to camps. Would be happy for our child to be at camps. or even before school care at school. just not home subsidized daycare.

I agree with your argument though. She's not even using for purpose of work. just so she can sleep in the mornings.
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Old 10-24-2017, 12:15 AM
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Quote:
Originally Posted by trinton View Post
She's not even using for purpose of work. just so she can sleep in the mornings.
How can she be using it to sleep in, if she has to get up and get the child ready for daycare? Could she be using it too socialize the child???
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Old 10-24-2017, 11:12 AM
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How can she be using it to sleep in, if she has to get up and get the child ready for daycare? Could she be using it too socialize the child???
Still cannot claim as section 7if using for any other purpose than going to work or attending school
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Old 10-24-2017, 12:35 PM
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Quote:
Still cannot claim as section 7if using for any other purpose than going to work or attending school
Generally, subsidized daycare must be used. There are a certain number of allowed "missed" days per year, after which the parent with the subsidy pays for the daycare they didn't use. It also puts the entire subsidy at risk.
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