Question about Childcare and Hiring an Au Pair from Out of the Country.
December 31, 2012
I have two children. I would like to hire an Au Pair from another country. My question is will their father have to pay half the expenses like he would for daycare? My oldest daughter has special needs, and is currently receiving ssi. The Au Pair would be a live-in caretaker.
There is no definitive answer to your question.
Childcare is factored in as a part of child support when it is for the benefit of one or both parents to engage in gainful employment. The underlying purpose of childcare is so that the children are cared for by both parents.
The question is whether or not the cost of an Au Pair is reasonable and necessary for this purpose. That is for a judge to decide based upon the information presented.
Since an Au Pair may cost more because the Au Pair would lives in the home and she would be present for the children 24/7 and not simply to ensure that each parent can work a full-time job. Depending upon the cost, the qualifications of the Au Pair, the extent of the special needs of the child, the reason for the need of an Au Pair from another country, the amount of the SSI, and the need and ability of each parent to pay for the Au Pair.
If both parents have joint legal custody or their is no court order setting forth the legal custody of the children regarding decision making, then you should rightfully presume that you and the father of the children each have a 50% say in the decision to hire an Au Pair and the details as well.
You should not unilaterally hire the Au Pair and assume the father will be required to make any particular payment.
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Attorney Christopher A. Pearsall aka "The Rhode Island Divorce Coach."®
Serving Rhode Island Families exclusively in the Rhode Island Family Courts throughout our State for more than 12 years.
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