Grandparents vs Child Care Provider

[Hide on Bush]

I read somewhere that the before and after school that is provided by my parents can be claimed as a section 7 expense.

I am having trouble finding a source of this. Can anyone assist me?

[rockscan]

You can’t claim it. You can try but he can dispute it and your parents would have to claim it on their taxes.

[Hide on Bush]

I did find that it is possible to claim as per Sage v. Sage, 2014 ONSC 1330 (CanLII), <https://canlii.ca/t/g5fgm>, retrieved on 2022-03-28

It is generally not accepted unless a series of factors warrant its consideration such as:

(a) Why is the child care service necessary?

(b) Is it in the best interest of the child for child care services to be provided by the family member?

(c) Was child care provided by the family member prior to separation?

(d) Did the family member receive any compensation for child care services provided prior to separation?

(e) Will the child care services be provided solely by the family member or will there be other persons assisting with the activity?

(f) Will the family member provide child care services as part of normal, inevitable, family interaction or do special arrangements have to be made to facilitate the activity?

(g) Is the family member foregoing employment or other activity to provide the child care?

(h) Is the provision of child care the dominant activity or is it ancillary to normal, inevitable family interaction?

(i) Does the family member have some special child care qualifications?

(j) What type of child care services will be provided? Will the services be the same as a structured day care service or will the service be similar to a babysitting service?

(k) Will the provision of child care service be the dominant service or will it be intermingled with caring for other family members?

(l) How were the amounts charged for child care expenses arrived at? Is it based on speculation or based on some objective basis?

(m) What is the nature of the financial relationship between the parties?

(n) Given the nature and circumstances of the family relationship, is financial compensation a reasonable expectation?

(o) Are the time periods for which financial compensation is expected defined or open-ended?

(p) Are the child care expenses claimed reasonable in all the circumstances?

(q) What is the ability of the parents to pay for the child care expenses?

[rockscan]

You can’t use that case in comparison to yours. Not only did the judge not allow it but he ordered the parent to put the child in day care. The judge also outlined the reasons why it can’t be considered.

You really need to do some serious analysis when you look at cases. You should also do a dive through the cases that cite that case.

Just because a judge explores an argument doesn’t mean it applies. Yes it is reasonable to use the grandparents and perhaps a nominal feel could be provided by there is still the argument (cited in that case) about whether there is an expectation that child care provided by a family member should be free.

As a self rep, you need to do double the work to understand these things. You can’t simply say “I found a case therefore Im right/going to argue it”. You need to do a review and understand the elements of the argument and what the end result is. That case included a parent who lived with the mother and the judge still told the mother to get outside care. Even with all the factors that went into the argument it was still not accepted.

You also need to pick your battles. You have so many different arguments going on a judge will get confused. Your ex may have said a bunch of things but you don’t need to separate each argument and battle it. Your main argument is your son does not feel safe in his fathers care. That means your ex’s argument about caring for the child while you are working is questionable, who the child goes to for care is questionable and the increase in parenting time is questionable. And if the argument is about paying your parents the judge will ask why all of a sudden are you now seeking repayment? Were you paying them all along? Are they willing to submit receipts? Will they be claiming it as income on their taxes? Etc.

[iona6656]

I'm going to disagree with Rocksan on this- I say put it in as a bargaining chip.

I was successful in getting my ex to pay my mom his s7 share of her watching our daughter after school in our parenting agreement. A couple of caveats though (similar to the questions the judge posed in the case the OP cited)

1. We has agreed to pay my mom for care BEFORE separation- as she had taken a leave from work to act as our daughters childcare until she could start preschool.

2. My mom claimed it as income on her taxes, and provided a childcare receipt to both of us for tax purposes.

3. It was in our daughter's best interest to have my mom care for her because she had special needs- dietary as well as medical care (skin issues).

I say include it and use it as a bargaining chip.

[rockscan]

The two things that work in your favour—you agreed and she provided a receipt.

HoB parents need to be prepared to provide a receipt (and claim it as income) as well as she and her ex need to agree. Seeing as her ex claims kid is living with his grandparents, I doubt he will agree to pay them.