Saturday, December 13, 2014

NCP not paying ordered child care support stating "inapplicable service fees" as the reason. Does he have legal standing?

Q:  I pay a babysitting service company $20.00 each time the babysitter comes to my house for work. I also pay a 6 month contract fee of $100 to have the babysitter's available to me from this company. In addition, I pay the babysitter directly for her time. Non-custodial parent is arguing the $100/6 mth fee and the $20.00/per visit charge is "inapplicable service fees" and therefore is refusing to pay me for the incurred expenses for 50%, court ordered child care. Is he correct? Also, court ordered is 50% activity expenses for children. Children attended summer camp but were away from the camp during non custodial's parenting time for 10 days. The camp does not prorate for this absence. Non-custodial is refusing to pay for his 50% of camp cost during the time children were with him.

A:  David's Answer:  I think the NCP loses on both counts. While the issue of the babysitter surcharges is a closer question, I think the odds are in your favor. Thus, you should send him a default notice letter requesting that he put the arrears, or else. If he fails to, file a violation petition. Schedule a consult with a Westchester Child Support lawyer for more info.  -- David Bliven, Westchester Child Support attorney (

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