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Nanny/Babysitter Section 7

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  • Nanny/Babysitter Section 7

    Can anyone can help me re Section 7 hiring a Nanny/Babysitter. I need someone after school and mornings, for approximately 20 hours a week, then full-time on school breaks, Wednesday afternoon 1/2 days and PA days. Of course I will need receipts as I am hoping to claim ex's portion through the FRO as ex wont agree to pay the expense on his own. I may have to use more than 1 sitter, as I need morning and afternoons and its not full-time work (split shift).

    Do you pay them and get a receipt for their services as a contract job (I did that this summer and the Judge was OK with the receipt) or do you employ them and do the T4 income and deductions?

    Just to clarify, I have one child already in subsidized daycare, this is for the other child that Grandma has been doing most of the daycare in the past for free, but I am firing her in the new year, so she can go back to just being a Grandma . Section 7 daycare is a HUGE issue between myself and ex, so I am trying to keep this as simple and easy as possible.

  • #2
    You need daycare to work. He wonít take the kid. You advise him that you will be seeking out daycare and will provide pricing information when it is known. You hire a sitter and get receipts. You calculate the net cost and advise him of his portion. If he refuses, you advise you will be filing for an enforceable order and will seek costs to do so.

    Its simple. Yes it may take some work getting the money out of him but you can do it self rep if necessary.


    • #3
      Thanks Rockscan, for your advice, I just need to make sure I have enough money saved up to pay the nanny/babysitter until I can be sure I will be reimbursed. I did do some research on Canlii, and it seems a receipt from the caregiver is enough, I would prefer they claim it on the taxes as opposed to me being the employer, i.e. hire them as a contract position and just pay their hour fee though e-transfer.

      I did send him an email re hours required and rate of pay, he answered back he does not consent to this expense. He says he is also hiring a nanny (doesnt make sense to me, being a EOW parent) and we should just each cover our own daycare expenses, so I suspect he will try and off-set some of my expenses with his own childcare expenses.


      • #4
        If he is eow and doesnít work on weekends then he doesnít need daycare. The only way he could pull that is if you had 50/50 and he needed it for work. Daycare is s7 if its required for work. If heís working on his four days a month you counter that you will agree to modify his time to days he is not working as the kids should be with you.


        • #5
          I do believe he works on Saturday, and has Fridays & Sundays off, his gf babysits on Saturdays. When we first separated he would take the children at 6:00 pm on a Saturday till Sunday at 5:00 pm, I was feeling overwhelmed I wanted a whole weekend kid free to regroup, get errands done and at our first court appearance the Judge order the EOW to include Saturdays. I suspect I may have to contribute to paying his gf to get my free weekend moving forward. But its that grey area like paying Grandma to babysit. I may be grasping at straws here, but his gf lives with him, and has taken on the role of step-mom, I'm not sure she should be financially compensated for that. Thoughts???


          • #6
            Its not childcare. Unless he provides receipts for the gf, its not section 7.


            • #7
              Sorry Rockscan, I'm not the sharpest knife in the drawer. So if he gets the gf to provide receipts I could be obligated to pay my portion? I think it still could be a grey area where a Judge may not agree and yup, I want my cake and eat it too

              We could get into an argument, she is not qualified and her hourly rate shouldn't be more than minimum wage.


              • #8
                Does she live with him? Her address on the receipts would be the same.

                Think about it this way, if you tried to argue to pay your mother he would object so you object to her providing care. Its simple.

                A judge will not agree to paying a step mother to look after them. If you need care for before and after school, he is obligated to share the expense.

                I canít remember if you are still in court or not but if you are, you add it to your next filing. Before and after school care is now required at a monthly cost of approximately x dollars. You request an amount enforceable by FRO and at the end of the year you reconcile the actual amount and repay him if there is an overpayment.

                You have asked him and he refused. Now you add it to your filing.


                • #9
                  I think she has to use her friends address, because she collects benefits, but yes they live together. I work an 8-4 job with the same hours everyday (occasional over-time). Yes, we are in court, settlement conference in March. Estimated approx cost of Nanny $800 a month, split almost evenly. He makes $55,000, I make $53,000. I get that adding $400 to the budget hurts

                  Thanks Rockscan for all your help!!!


                  • #10
                    She gets benefits? Shes scamming the government?


                    • #11
                      Originally posted by rockscan View Post
                      She gets benefits? Shes scamming the government?
                      From what I understand she collects disability and does not work. I'm not sure if your allowed to earn a certain amount of money before the Government cuts into the payment or live common law. I'm keeping my mouth shut, and not opening that can of worms.


                      • #12
                        Well there are implications if she is living with your ex. Claiming a different address is fraud.

                        Which I mention because its leverage in the battle for expenses. If he wants to claim he pays daycare fees to her then you can argue that she is conducting fraud.


                        • #13
                          True, but I think it would cause more animosity amongst us. Not to mention hard to prove if she should insist she lives at her friends house.


                          • #14
                            Here is the gist of it all.

                            (a) If the childcare is to support your career or education/training it is a S7 expense.

                            (b) If it is to support your children's education / needs it is a S7 expense.

                            If you are the "sole custodial" parent with "majority access" and it is on your access time with the children and satisfies (a) or (b) then it is an S7. You should advise the other parent that you are going to engage these services and the costs they are responsible for. They are only responsible for the payment to the % of total household income. They fail to pay then seek an order to have them pay their portion of the S7.

                            House hold income:

                            Your Income (Line 150) + Their Income (Line 150) = Total House Hold Income

                            (Your Income / Total House Hold Income) * 100 = Your % to pay.
                            (Their Income / Total House Hold Income) * 100 = Their % to pay.


                            85,000 + 65,000 = 150,000
                            (85,000 / 150,000) * 100 = 56.66%
                            (65,000 / 150,000) * 100 = 43.33%

                            Expense is $1000.

                            You pay $566.66 and the other parent pays $433.34.

                            S7 is as simple as that.


                            • #15
                              Originally posted by Tayken View Post
                              S7 is as simple as that.
                              Agreed! I think my ex and I are mudding the waters trying to claim Grandma (my Mom) and his gf (Step-Mom) as babysitters.


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