Define work related child care costs


#1

I’ve read on this forum that you are to pay for food, clothing etc. on the days you have your children. I assume that day care is included in there.
Can I claim the money I pay my Mother to watch the children on those days as work related? If so, does she need to claim this as income on her taxes? Would I then be able to deduct this from my Taxes? If I can't do either, than am I aloud to have the paid to her accounted in the work related child care cost of the child support calculator?
If I deceided later on that I want to go back to school and I have to put the kids in “day care” more days, do I have the right to ask for more child support?

She also wants to give up all rights to the children because it will cost her less in child support. Is that correct?


#2

You can put the amount you pay a sitter or daycare as the work related child care. Your mother does not necessarily need to claim it on her taxes unless it’s a large amount and you file it on your taxes. The courts do not need to know all that information. Usually, they will take your word that this is the amount you pay. If they need proof, maybe you can show them canceled checks?..

The child support is based on the number of overnights with each parent, the incomes of each parent, insurance and child care that is paid out by each parent. If you need to have the children in “day care” more days, then the amount you pay for day care would increase therefore your support amount would decrease. This normally makes the other spouse responsible for a little bit more. Think of it that each of you have to contribute to the total amount the state says it takes to raise that child per month. If the amount you contribute increases, the amount the other spouse decreases as long as the total amount is met.

If your ex gives up her parental rights, which I am not certain can be done without a court order, then she will have no visitation, no rights whatsoever to the child/children. You will have sole, primary physical and legal custody and she would be completely out of the picture. Yes, she would no longer be forced to pay child support, because according to the courts, she would no longer have children…
Giving up parental rights is not the way to decrease child support and I do not believe that the courts would allow it.


#3

Normally one parent pays the entire monthly fee for work-related child care, as the children are normally enrolled in one day care program during the week.
If you do pay your mother for child care that can be factored in to the child support calculator, however judges typically scrutinize payments for child care which are made to family members. You will need to document the money you are paying to your mother using evidence such as a cleared checks to prove you are actually paying her to care for the children during your custodial time.
Your mother, as would anyone, needs to claim any an all income she receives on her taxes.
As for changing child support in the future, you may request a modification of child support if there has been a substantial change in circumstances (you going back to school and incurring substantially more in childcare).
Your ex will have a child support obligation to you no matter how much time she spends with the children. A person cannot terminate their parental rights to avoid child support payments.