Mary Ann and Wilson R. Collins - Page 9

                                                 - 9 -                                                   
            issue.  As to the other child, James, who was less than 13 years                             
            of age during the 3 years in question, petitioners presented no                              
            documentary evidence to establish the amounts they paid each year                            
            for his care while petitioners pursued gainful employment.                                   
            Petitioner testified she paid approximately $50 per week, for 50                             
            weeks each year, for his care.  These payments were in cash, and                             
            petitioner produced no receipts to substantiate these payments.                              
                  The Court recognizes that petitioners were both gainfully                              
            employed during the years at issue; however, the Court is                                    
            skeptical that petitioners incurred payments for the care of                                 
            James, or, if any payments were incurred, that such payments                                 
            would have been for 50 weeks each year.  Petitioner was a                                    
            schoolteacher, and while petitioner was at school teaching, her                              
            child was also at school, and, more than likely, the two returned                            
            home on or about the same time each day.  Moreover,                                          
            schoolteachers generally have 3 months each summer when they are                             
            not required to report to work.  For these time periods, the                                 
            Court cannot conclude that child care expenses were incurred.                                
            And, finally, petitioners had another dependent child, Tanya, who                            
            was over 18 years of age in 1989.  Tanya may well have provided                              
            some of the child care responsibilities for James on those                                   
            occasions where petitioners were unable to care for James.  The                              
            Court, therefore, holds for respondent on this issue and,                                    
            moreover, declines to make any allowance for child care expenses                             






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011