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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
Replies (11-20):
by on Jun. 17, 2013 at 7:52 PM

I'd say you're stuck writing it off then. :( 

Quoting chasinrainbows:

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?

by Bronze Member on Jun. 17, 2013 at 8:00 PM
Personally never ran into this. If ex doesn't take the kids on his day off they just go to daycare. And he is required to pay me half of what is not covered by my employee discount by the end of September. We had this set up this way because I was on childcare assistance & my employer (the daycare) paid my PA co-pay. The only thing I had to pay was the summer fees not covered by the co-pay. Those were less than $100 per kid. Last year I had 3 kids in the summer program.

Now that my small family owned company sold out to a larger company I can afford to private pay for the 2 kids I have in childcare now. He still has to pay me half of the costs not covered by my employee discount. But I am considering making an agreement with him to pay by the end of Feb each year & he can claim he pays half OR I claim all childcare fees.
by Platinum Member on Jun. 17, 2013 at 9:00 PM

Legally I don't know.  In my situation, I always paid the sitter.  BF had, on paper, the kids for whole breaks, but the reality was he wouldn't pay for a sitter so he'd 'let' me have the kids, and then if I needed one (I worked full time, always), then it was on me, because he was being so 'generous' to me.  I figured, I had my kids, I was good.  I paid her anyway when I did have them.  He was CO'd to pay half of their regular time there but never would.  I didn't go back to court over it (too stupid/tired of the fight then).  I regret that now.  Truly. 

by Hi, my name is... on Jun. 17, 2013 at 9:05 PM
Whoever has the kids at that time. Lets say I'm out of town and I left my kids w my ex. (NCP) if I don't arrive back in time,my ex would have to pay the sitter. (Morally I should I think)
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by Hi, my name is... on Jun. 17, 2013 at 9:08 PM
My dh had his sons and would drop them off at 5 am on Monday mornings. (His week). When bm had an out of town bf,sometimes she wouldn't be home for Pick up.y dh had to be at work and had to call in sometimes bc she was late.

Bm never gave my dh a "break" or dedication on cs bc of that. Maybe she should have since he missed work bc of her.

Who knows
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by Bronze Member on Jun. 18, 2013 at 12:13 AM

Well, my DH is CO'd to pay over half of the day care needs.  there is no stipulation on whos time it is on, so I would assume if it is his time, he should pay for whatever portion is court ordered.  However, I've seen a lot that if dad can't take the kid on his time, the mom figures it out...which I don't think is fair unless prior arrangements were made and agreed upon in advance. 

by Ruby Member on Jun. 18, 2013 at 12:22 AM
The person who hired the sitter? I'm guessing?
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by Gold Member on Jun. 18, 2013 at 12:57 AM
That's what I think too.

Quoting momof2ex1:

The person who hired the sitter? I'm guessing?
by on Jun. 18, 2013 at 8:32 AM

My ex and I had joint custody & we split the daycare. He left & now I pay all of it.

by on Jun. 18, 2013 at 8:39 AM

This I learn from my BM. The BM has the responsibility to demand the BF to pay for and to fulfil his obligation with his kids. The same goes for the BF. He should do the same. There are exception of course, but in general, that's the way it should be.

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