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trueblue22 · #1 01-15-2021, 12:21 PM

During my parental time with the kids even if I am there am I allowed to have a nanny? Can I claim this as a section 7 expense?

tilt · #2 01-15-2021, 12:40 PM

You can have whoever you want with you during your parenting time, unless there is an order or parenting plan that prohibits them. The optics may not look good however, depending on your personal circumstances.

I woud claim a nany as a section 7 only if they were with the child while you worked/went to school AND there was no chance of the other side asking that your parenting time be reduced as the other parent is available to look after the child and you are not.

rockscan · #3 01-15-2021, 01:55 PM

If you need child care to work it is a section 7 expense.

If you need a nanny because you can�t handle your kids thats not a section 7.

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Janus · #4 01-15-2021, 03:55 PM

A nanny provides benefits beyond that of simple child care. I would imagine that you would have to consider what portion of the nanny expense is for child care, and then count that as a S7 expense.

I don't think S7 is carte blanche to find the most expensive daycare possible and then stick your ex with a portion of the bill.

rockscan · #5 01-15-2021, 04:00 PM

Quote:

Originally Posted by Janus

A nanny provides benefits beyond that of simple child care. I would imagine that you would have to consider what portion of the nanny expense is for child care, and then count that as a S7 expense.

I don't think S7 is carte blanche to find the most expensive daycare possible and then stick your ex with a portion of the bill.

Should also note you need to get his written permission. Plus if you need help to parent your kids and he does not, it may not weigh in your favour to have a nanny.

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trueblue22 · #6 01-15-2021, 11:26 PM

Quote:

Originally Posted by rockscan

Should also note you need to get his written permission. Plus if you need help to parent your kids and he does not, it may not weigh in your favour to have a nanny.

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What if I previously had a nanny? My business is not doing so well and I'm WFH but it's hard to take care of both my kids.

Would i still need permission if this was something I had in the past?

Janus · #7 01-17-2021, 03:34 PM

I'm not sure why rockscan said you needed permission. If you need child care, then you get child care. The case law is full of parents putting their kids in daycare and sticking the ex with the bill.

The daycare has to be reasonable though. My point was that a nanny is generally substantially more expensive than a daycare, so it might not be reasonable.

Rockscan usually knows her stuff though, so I could be wrong

Quote:

Originally Posted by trueblue22

What if I previously had a nanny? My business is not doing so well and I'm WFH but it's hard to take care of both my kids.

Put your kids in daycare. Those are still open during the lockdown, and there are lots of people facing financial difficulties who would be willing to watch some kids.

Quote:

Would i still need permission if this was something I had in the past?

What is the cost of this nanny vs. the cost of daycare? How much of the bill do you want your ex to pay?

rockscan · #8 01-17-2021, 04:07 PM

Quote:

Originally Posted by Janus

I'm not sure why rockscan said you needed permission. If you need child care, then you get child care. The case law is full of parents putting their kids in daycare and sticking the ex with the bill.

The daycare has to be reasonable though. My point was that a nanny is generally substantially more expensive than a daycare, so it might not be reasonable.

Rockscan usually knows her stuff though, so I could be wrong

Put your kids in daycare. Those are still open during the lockdown, and there are lots of people facing financial difficulties who would be willing to watch some kids.

What is the cost of this nanny vs. the cost of daycare? How much of the bill do you want your ex to pay?

It was more child care which is not for work.

Nanny is way more than daycare.

He can also dispute what she gets if a more cost efficient option or he is available.

This poster seems to believe her ex is responsible for everything in her life including helping her mother their kids.

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Janus · #9 01-17-2021, 09:34 PM

I think we are saying the same thing. Generally, the non-custodial parent will be responsible for a reasonable daycare cost. A nanny is substantially more expensive than daycare, so it is unlikely that a NCP will be stuck with such a bill unless they agreed to it.

Tayken · #10 01-21-2021, 12:58 PM

Quote:

Originally Posted by Janus

I think we are saying the same thing. Generally, the non-custodial parent will be responsible for a reasonable daycare cost. A nanny is substantially more expensive than daycare, so it is unlikely that a NCP will be stuck with such a bill unless they agreed to it.

Correct. Judges will go to the lowest common denominator for child care.

1. Before / afterschool program at the school? If yes, use it.
2. No before / afterschool is there a daycare (and is child < 12 years old)? If yes then use it.
3. Summer schedule put the children in day camps!

They often use the fence dispute for properties. Neighbor wants a fancy fence but, you are only responsible for a 5' chain link fence cost. If the neighbor wants to pay the difference they are more than welcome to but, a court won't force you to pay the full cost of the fancy fence.... just the cost of a 5' chain link fence.

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