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