Nanny costs: Domestic Relations Involving “Nanny Expenses”
Domestic Relations Involving “Nanny Expenses”
The trial court correctly included a nanny’s full salary as a child-care cost when calculating child support guidelines. The Wife’s requested child-care costs were employment-related and reasonable.
Overview
The parties married in 2000 and separated in 2018. They have three minor children. The parties share legal custody, with the wife having primary physical custody. She and the children live in the former marital home while the husband lives in the parties’ other home.
The wife spent her entire career at HITT contracting. Meanwhile, the husband also worked there but left for several years in order to work at a competing firm. The husband returned to HITT in 2016 as a vice president of HITT’s business unit while the wife worked in a different department.
Following a trial on equitable distribution, child support and spousal support, the husband has appealed several of the trail court’s rulings.
Nanny Expenses
The husband argued that the court abused its discretion by including the nanny’s full salary as a work-related child-care cost in its calculation of the child support guidelines. He asserted that the wife failed to prove both that the nanny’s weekly salary was ‘reasonable’ and that the nanny was engaged in work-related child care as stipulated by Code § 20-108.2(F) that states the Guideline for determination of child support.
The husband argued that the wife had failed to prove the nanny’s salary was reasonable because the wife provided no evidence that she considered other options or that the decision to have the nanny provide child care was in the child’s best interests.
Yet, the wife did end up testifying about the infeasibility of other child-care arrangements explaining that SACC (a county child-care program) was not an option because she understood that it had a long waitlist and was not available for their middle-school student.
Further, evidence showed that the couple had employed a nanny for eleven years, since their oldest child was two, and that this particular nanny had been working for the family for seven years. Based on these facts, the court concluded that the parties’ child-care needs were best served by continuing to employ the nanny.
But Does a 13 year old Need a Nanny?
In most religions, turning 13 means you become a man. Yet, not according to millennials today and the world we currently live in. A perfect example of this would be Corrinne Olympios of “The Bachelor,” who famously required a nanny in her mid-twenties…
The husband asserted that because the children are in school for more than half of the nanny’s workday, the court abused its discretion in determining that the nanny’s full salary was for child care. Despite this, the court found that the nanny’s role was to care for the children so that the wife could maintain employment with HITT. The record supports this finding as the wife leaves shortly after the nanny arrives in the morning and does not return until late afternoon.
Maybe the Wife Needs a Nanny for Herself?
Like Corrinne Olympios, who argued that her nanny was more like her “personal assistant” now that she was in her mid-twenties – maybe that’s how the wife has felt as well, considering she’s had one for over 11 years assisting her with tasks around the house.
Having children under the age of 18 may have had the court sway in her opinion.
“The nanny supervises the children for two hours before getting them on the school bus in the morning and for three hours after school. Nothing in Code § 20-108.2(F) specifically limits child-care costs to those incurred only when the provider is in direct contact with children.”
The wife had not only testified about the nanny’s child-care responsibilities and compensation but also produced corroborating bank statements. The wife also explained that she provided the nanny with additional compensation, which she did not include in her proffered child-care expenses, to perform errands and chores separate from her child-care duties.
“Given these circumstances, and the parties’ historical practice of employing a nanny for their children, the court did not abuse its discretion by concluding that the wife’s requested child-care costs were reasonable and employment related.”
Roy v. Roy, Record No.
0070-20-4, Oct. 27, 2020. CAV (O’Brien) from Fairfax County Cir. Ct. (Bellows) Mark Arick Roy, pro se, for appellant, Kristen L. Kugel for appellee. VLW 020-7-193, 15 pp. Unpublished.
Special Thanks to Law Clerk William Taylor Gleason for his assistance with this article.
The Average Nanny Cost in Los Angeles
By adminPosted
A great nanny can leave a positive impact on your entire family. From helping with homework and general childcare to keeping a home running smoothly, domestic professionals are a great asset for any family that could benefit from an extra set of helping hands.
While ZipRecruiter reports the national average hourly rate for a nanny is $16, this varies by region. It may come as no surprise that in major cities, like Los Angeles, CA, the cost of childcare is greater, and so is the average salary of a nanny.
In Los Angeles, the average base salary for a full-time nanny is $22.
52 per hour, nearly 40% higher than the national average, reports Indeed. Of course, the hourly rate is also dependent on other factors like their education background, experience and how many children are needing care. It’s not uncommon for some nannies in L.A. to receive $35/hour for their services. Depending on the following considerations, you should expect to pay an hourly rate anywhere between $18-$35 for a nanny in L.A.
Live-in nanny vs. live-out nanny
When it comes to the role of nanny, there are two distinctions that can affect salary. Live-in nannies, as the name implies, live with a family. Because they usually work a full 40 hour week (and sometimes overtime) you should expect to pay more in the long-run for a live-in nanny than you would a live-out nanny. They can double as a night nanny, but distinctions between their work time and free time needs to be made clear.
On the higher end of the spectrum, Zip Recruiter reports live-in nannies in L.
A. can make $70,395 a year, while live-out nannies in the city average $61,926 annually. You may also want to budget in extra costs for a live-in nanny for food, room and board.
Experience and duties
An experienced and/or educated nanny can reasonably request a higher salary for their services. Additionally, requesting duties that are outside the scope of a typical childcare provider’s role means you should be compensating your nanny accordingly.
Typical nanny-duties, outlined by Better Team, include mostly child-related tasks, like supervising and engaging play, managing personal care and some housekeeping and meal preparation. Any other unique duties should be included in the job listing and reflected in the salary. This could be anything like a pet sitter charge to added compensation for driving long distances.
It’s also important to note that the number of children needing care can affect prices. While watching one or two children is the norm reflected from the average salary, a nanny caring for more than two children should receive a higher salary.
Hiring costs
Some additional costs you should budget for hiring a nanny include money for a background check and payroll service. During the interview process you may be evaluating a candidate to see if they have the qualities every nanny should posses, but conducting a background check is always recommended. This ensures you’re hiring a reliable nanny for a highly personalized, hands-on job.
As SitterCity explains, skipping nanny tax obligations and failing to pay employment taxes can cost you $25,000 in penalties and interest. Consider using a payroll service to handle payments and keep track of these expenses.
Another consideration is contributing to your nanny’s health insurance. While not mandatory, a family can contribute to their employee’s policy. Also, if your nanny is constantly running errands for the family, it may be in your best interest to give them a debit or credit card so you can track expenses.
Consider Colonial Domestic Agency
At Colonial Domestic Agency, we are committed to finding the perfect nanny for your family.
We know what makes a great childcare provider, and prioritize safety throughout the hiring process. Trust us to get to know your needs, conduct interviews and run background checks to acquire the best candidate for your needs.
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How to get money for a babysitter from the state
Photo author, Getty Images
Today, the Cabinet of Ministers approved the rules for obtaining the “municipal nanny” service. Now every family in which a baby was born will be able to receive monthly money from the state to pay for babysitting services.
The norm came into force on January 1, 2019.
The government will calculate that the maximum this year, 25,000 families will be able to receive compensation.
- State nanny: how it will work
- Ukrainian-style baby box: what parents will be given at the maternity hospital
BBC News Ukraine briefly explains how reimbursement will be carried out.
Who can receive the money
Babysitting expenses will only be reimbursed for children under three years of age.
Babysitting expenses will only be reimbursed for children under three years of age
Image copyright, Getty Images
Photo caption,
The service will be valid for parents of children under three years of age
The payment will be made to one of the child’s parents. At the same time, both parents and adoptive parents or guardians will be able to receive money.
Compensation does not depend on the citizenship of the parents or the child, the main thing is that they legally reside in Ukraine.
Parents who are educators of family-type orphanages and foster parents who receive other types of social benefits will not be able to receive assistance.
To receive compensation, you need to conclude an agreement with a nanny, but not any..jpg)
The nanny must register as an individual entrepreneur.
The contract must specify the cost of babysitting services and the term of their provision.
At the same time, as Oksana Sulima, head of the expert group on the formation of social services of the Ministry of Social Policy, told BBC News Ukraine, it is allowed to conclude an agreement with a company that employs nannies.
How much will they pay
Image copyright, Getty Images
Image caption,
To receive compensation, you must enter into an agreement with a nanny who has the status of a business entity
Compensation will be paid in the amount of the living wage for children under the age of six, established at the beginning of the year.
In fact, this means that from January 2019 the amount of compensation will be UAH 1,626 per month.
As the Ministry of Social Policy explained, if the subsistence minimum changes during the year, the amount of compensation will remain unchanged.
If the cost of babysitting services specified in the contract is more than the amount of compensation, this will not prevent you from receiving money from the state.
In other words, under such a scenario, the state compensates only a part of the cost of the services provided.
How to get
Within one month after the conclusion of the contract with the nanny, parents must submit an application to the local department of social security.
Image copyright, FOX/Getty Images
Photo caption,
If your nanny contract has expired or you decide to change it, you will have to re-apply for compensation
In addition to the application for compensation, you must also provide:
- a copy of the agreement with the nanny
- documents confirming the expenses for the nanny
- the account to which the compensation should be transferred
- a copy of the child’s birth certificate
- a copy of the passport and identification code of one of the parents
The local department of social protection must analyze the documents within 10 working days and decide on the award of compensation.
Three days later, parents will be informed of the decision.
If the decision is positive, you need to send confirmation of expenses (cheque, account statement) to the Social Security Administration by the 5th of every month.
This can be done electronically. At least, such possibility is provided.
Compensation will be transferred to a bank account by the 10th day of the next month.
If you have not filed your babysitting check, you will not receive your current month’s compensation.
It is important that the child care allowance is granted for the period specified in the contract with the nanny.
This means that at the end of the term of the contract or when changing the nanny, you will have to re-apply for compensation.
The same will happen in the event of a move, since the program is financed by the local government, which receives a subvention from the state budget.
Experts have already noticed that the vast majority of nannies work in the shadows. And for the sake of the prospect of obtaining such insignificant funds, they are unlikely to be formalized.
“Babysitters in Ukraine, like other freelancers, in most cases work without any employment contracts, do not have any social protection or guarantees of stable employment,” says Georgy Sandul, a lawyer at Labor Initiatives.
Irina Verbolyuk, mother of two-year-old Kolya, told BBC News Ukraine that she supports the idea of such payments, but this initiative is unlikely to be useful for her, “because it is a very small amount to hire a nanny” in Kiev.
She admitted that the allowance might be useful for finding a nanny for a few days a month, but “it’s much easier to find a full-time nanny” than individual days.
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What expenses are included in child support
Food, clothes, shoes, and more can be included in your child support calculation when filing a flat-rate child support claim
At my webinars on child support, participants usually make a big discovery for themselves – it turns out that they spend much more on a child than they used to think.
Everyone understands that the cost of a child includes food, clothes, shoes, doctor’s fees, kindergarten fees. But not everyone knows that in calculating the cost of a child, you can take into account the purchase of a water faucet for the home, curtains, carpet, flowers, sanitary and cleaning products, and much more. There are also many questions about accounting for utility bills.
None of this matters if you decide to file a claim for child support as a share of the defendant’s income (earnings). But it will be very important if you want to collect alimony in a fixed amount of money in the amount of more than half of the child’s living wage.
So, in order to collect alimony in a fixed amount of money, you need to substantiate all expenses for the child, provide a calculation for all these expenses.
Of course, you are not obliged to do this, but if you want to win your case and collect the necessary amount, then you need to try – I always remind women of this who turn to me for help in such cases.
What I recommend to include in the calculation of child support when collecting alimony in a fixed amount of money:
1. Foodstuffs – vegetables, fruits, meat, fish and dairy products, bread, ready-made meals, convenience foods, bottled drinking water, etc. The same group can include ice cream, juices, and even foods (dishes) that the child eats in a cafe.
2. Non-food products. This group includes:
– clothes, shoes for the child personally,
– toothpaste, soap, various sanitary products and other household goods that you use for the whole family – you must take into account in proportion to the share of the child (for example, in a family of 3 person, which means that the child’s share of such expenses is 1/3), or all purchases in full if they are made exclusively for the child,
– petrol, if you take your child to the place of rest and back,
– medicines (including vitamins, herbs, homeopathic preparations),
– other expenses.
3. Services. This group includes:
– travel of the child in transport,
– fee for kindergarten, classes in circles, babysitting and tutoring services, child’s rest in the camp,
– medical services – doctor’s consultations, taking tests, passing examinations , other medical intervention (treatment and extraction of teeth, paid operations, vaccinations),
– dry cleaning of the child’s clothes and items that he uses (for example, a carpet in the room),
– tailoring services (hemming trousers, sewing clothes and shoes, etc.),
– housing and communal services – accounting depending on how the payment is calculated.
How to calculate the cost of housing and communal services?
So, for payments that are accrued for each person living in an apartment, it is necessary to take into account the full accrual for 1 person – a child (for example, payment for gas, water – if metering devices are not installed).
For payments that are accrued in proportion to the area of housing, it is possible to take into account the child’s proportional share in the expenses (for example, there are 3 people in a family, which means that the child’s share of such expenses is 1/3).
For payments that are accrued according to the readings of metering devices, the child’s share is also taken into account proportionally.
If the usual monthly costs for medical services and the purchase of medicines are large enough (for example, if the child is among the frequently ill), then , these expenses can be singled out in a separate fourth group – for clarity.
You can only get a better idea of all the costs for a child if you do this calculation.
Moreover, as my practice in court cases on the recovery of alimony shows, it is precisely such detailed calculations that allow the judge to get an idea of how justified the amount of alimony claimed by women for recovery is.