Studio City, CA asked in Family Law and Child Support for California

Q: What qualifies as proof of daycare?

Co-parent is saying that her mother is increasing her rates for daycare, we currently split daycare costs down the middle. It's not an official daycare it's at her house where co parent and child both live.

I have asked her for proof or something but she said that her mom just verbally told her, my parents have offered many times to watch him for the 3 hours that it takes for co-parent to get home from work and they live 3 houses down from where co-parent and son live but she refuses.. this will mean we both won't pay for daycare. My parents both work for the school district, they are great grandparents and are always willing to help out.. what can be done?

There is no current court order, we are going through mediation and this was 'added on'

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2 Lawyer Answers

A: 1) I would agree that if no-cost daycare is available, that's what should be used; 2) proof of the cost of daycare can be provided in the form of receipts or bank statements showing the amount paid to the daycare provider. The cost of daycare would not be an "add on" if it is free or if it is not necessary because grandparents are willing and available to cover that 3 hours without charging for it.

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Answered

A: In California, when dealing with informal daycare arrangements, such as a family member providing care, proof of daycare costs can be less formal compared to a licensed daycare center. However, it's reasonable to request some form of documentation, especially when there is a change in the agreed-upon costs.

In your situation, you can request a written statement or agreement from the co-parent’s mother detailing the daycare costs. This document should include the amount being charged, the hours of care provided, and any other relevant details. While a verbal agreement might be in place, having something in writing helps clarify the arrangement for both parties and for mediation or court purposes.

If there is resistance to providing this documentation, or if you believe the costs are not justified, this issue should be raised during mediation. Mediation is designed to address such disputes and find a middle ground that is acceptable to both parties.

Given that your parents have offered to provide care at no cost, this alternative should also be discussed in mediation. It's important to focus on the best interest of the child, including the quality and convenience of care, as well as the financial implications.

Remember, if an agreement can't be reached in mediation, the matter may need to be brought before a court for a decision. Keeping records of all communications and offers made regarding childcare will be helpful if this situation escalates to a legal proceeding.

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