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Who pays the sitter?

Posted by on Jun. 17, 2013 at 4:46 PM
  • 24 Replies
Who pays for the siiter if the NCP doesn't take part or all of his/her visitation? Summer.....for example. Maybe even Spring Break. Just whenever NCP is scheduled to have the kid(s) and when he/she doesn't, it causes the CP to have to pay a sitter.

FYI, I've never asked my ex to pay the sitter nor would he ever. This scenerio doesn't have anything to do with my situation.
by on Jun. 17, 2013 at 4:46 PM
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Replies (1-10):
Birdseed
by Platinum Member on Jun. 17, 2013 at 4:50 PM
1 mom liked this

I guess that if the NCP doesn't take the kids, then the CP has to cover that base and can go after the money later.  Ultimately, whomever has the kids in their possession has to cover the care but if the other parent is supposed to have that time, one could make the arugment that they should pay.  Good luck on that though is all I can say.  Never worked for my mom.  My dad just wouldn't take us and that was that.

SassyMom25
by Gold Member on Jun. 17, 2013 at 4:52 PM

We always pay for any sitter when the kids are with us...regardless of whose time it is.

chasinrainbows
by Gold Member on Jun. 17, 2013 at 4:57 PM
We pay for all sitters when the kids (mine or his) are with us. Unless this babysitter provision is in someone's actual CO, then I don't see them getting it.

This situation is a friend of mine. I told her that she can't make her ex pay her sitter. He is canceling part of summer visitation because he has to work out of town.


Quoting Birdseed:

I guess that if the NCP doesn't take the kids, then the CP has to cover that base and can go after the money later.  Ultimately, whomever has the kids in their possession has to cover the care but if the other parent is supposed to have that time, one could make the arugment that they should pay.  Good luck on that though is all I can say.  Never worked for my mom.  My dad just wouldn't take us and that was that.

DDDaysh
by on Jun. 17, 2013 at 5:29 PM

 The person who has the kids pays the sitter, not matter whose time it is CO'd to be. 

DDDaysh
by on Jun. 17, 2013 at 5:32 PM

 You can make that argument.  Morally, you're probably even correct.  Legally though...  haha good luck! 

It used to be a real problem for a friend of mine.  Dad was supposed to take kids for the summer.  He'd cancel his time at the last minute and she'd have to find last minute summer care for the kids which was seriously expensive.  It used to make her so angry because cheaper care was available if you signed up ahead of time, but he'd always say he was going to take them (or would take them for like two weeks and then just drop them off). 

Quoting Birdseed:

I guess that if the NCP doesn't take the kids, then the CP has to cover that base and can go after the money later.  Ultimately, whomever has the kids in their possession has to cover the care but if the other parent is supposed to have that time, one could make the arugment that they should pay.  Good luck on that though is all I can say.  Never worked for my mom.  My dad just wouldn't take us and that was that.

 

MommySabs
by Gold Member on Jun. 17, 2013 at 5:38 PM
My ex is co'd to pay for half of daycare/ babysitting when I go back to work.
faerie75
by Platinum Member on Jun. 17, 2013 at 5:51 PM
Well the ncp should but good luck w that. Id ask for half though.

One time years ago my kids dad didn't take them for a few weeks in summer he was supposed to and I asked him to pay for YMCA camp and he did.
kellynh
by Kelly on Jun. 17, 2013 at 5:53 PM

Never thought if it. Honestly, in the daycare my dd goes to, you get charged whether they are there or not. Being gone during the summer wouldn't make a difference you'd have to pay. 

Lurion
by on Jun. 17, 2013 at 7:25 PM

Of course she should have to pay...but will she?

I face this with my ex, too. He doesn't exercise all his visitation. We even wrote it in to our CO that when he isn't able to take them, I get right of first refusal and he has to pay me $10/hour. Of course, he's never paid me a cent. 

I think the only thing we can really do is file to modify the agreement, keep a log that shows actual visitation, and change the CS accordingly. Are you in a state that takes number of overnights into account when determining CS?

chasinrainbows
by Gold Member on Jun. 17, 2013 at 7:41 PM
Here....CS just goes by a formula. I don't think it matters how many overnights there are especially when visitation is mostly taken. I think she has childcare already included in her CS.

Quoting Lurion:

Of course she should have to pay...but will she?

I face this with my ex, too. He doesn't exercise all his visitation. We even wrote it in to our CO that when he isn't able to take them, I get right of first refusal and he has to pay me $10/hour. Of course, he's never paid me a cent. 

I think the only thing we can really do is file to modify the agreement, keep a log that shows actual visitation, and change the CS accordingly. Are you in a state that takes number of overnights into account when determining CS?

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