Does my ex-mother-in-law count as daycare?

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Does my ex-mother-in-law count as daycare?

I’m ordered to pay 47% of my children’s daycare expenses. But now my ex-wife is sending me invoices from her mother for several hundred dollars a month. Do I actually have to pay that? She’s not a licensed, bonded,or certified provider, just a grandmother. It just doesn’t seem right to me.

Asked on November 23, 2011 under Family Law, Idaho

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You have a very valid point.  The first thing that you need to do is to look at your agreement.  Does it specify any of those conditions you mentioned here: licensed, bonded, etc.?  Then you may want to consider going back to court to modify or further specify in the agreement what you feel needs to be done.  Maybe you would prefer to place the children in a daycare center outside the grandmother's home.  Otherwise, speak with your accountant about issuing a 1099 to your ex mother in law and make sure that both she and your ex wife are aware of your intentions.  Your wife needs to issue one as well and if she does not then you will know that it was a big scam.  Also make sure that you have the right to review the tax returns yearly for modifications to your support.  Good luck to you.


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