Hiring the children's other parent as nanny

Kenyatta

Hello all,

Are there any implications (legal, financial etc) re hiring the children's other parent as a nanny? We are divorced and there is a child arrangements order in my favour (ex is seeing them for a couple of hours every other weekend). Now I am struggling with childcare (both re costs and hours for two preschoolers), and my ex offered to work as a nanny for me (at about ~20% discount from the market rate, which will make it financially possible for me to continue working).

Anything I haven't thought of in this scenario? I think my ex is claiming single parent / child benefits at the moment, but can't be certain.

marliepanda

Are you recieving govt support for childcare, through vouchers, claiming the cost on your WTC, tax free childcare etc?

You can pay whoever you want with your own money, but you won't get benefits to pay your ex to have their own children.

Only one person can claim child benefit for a child, so either you are, or they are. No one should be claiming 'single parent' benefits if they only see a child for a few hours every 2 weeks.

PrettyKittyKat

Caring for your own children isn't being a nanny, it's being a parent! Why can't they care for their own child?

Going from a couple of hours every weekend to covering full time employment hours plus travelling time is a significant change in contact time, why the sudden change?

Presumably they are not working, which is why they are able to care for the children full time under the proposed 'nanny' arrangement. Or are they already a registered child minder?

Kenyatta

No, not claiming a penny myself, I don't think that I expressed a desire to defraud the government in any way for the childcare costs? I always had a nanny employed (paid with my own money), unfortunately now my working hours (and pay) are changing in the wrong direction, my oldest was diagnosed with additional needs (health wise, not development wise) and I simply won't be able to afford the old childcare arrangement anymore.
My ex does not seem to be able to hold a job down at the moment (sector-wide problems), thus made this offer. He is not a qualified childminder, but there is no requirement for a nanny to be qualified or registered (my previous nannies weren't). Of course, I would have personally preferred a "free" help option, but I guess nothing is free in this world.

marliepanda

Kenyatta wrote: »

No, not claiming a penny myself, I don't think that I expressed a desire to defraud the government in any way for the childcare costs? I always had a nanny employed (paid with my own money), unfortunately now my working hours (and pay) are changing in the wrong direction, my oldest was diagnosed with additional needs (health wise, not development wise) and I simply won't be able to afford the old childcare arrangement anymore.
My ex does not seem to be able to hold a job down at the moment (sector-wide problems), thus made this offer. He is not a qualified childminder, but there is no requirement for a nanny to be qualified or registered (my previous nannies weren't). Of course, I would have personally preferred a "free" help option, but I guess nothing is free in this world.

There are a lot of childcare help options available. As you were speaking about how you could no longer afford childcare it made sense to consider that someone on an income which couldnt sustain childcare may be interested in claiming the govt help for childcare.

As stated, you can pay anyone you want to do anything you want, with your own money. No one could possibly stop you doing that, and I'm not sure why you think there would be a legal issue with you spending your money on whatever you want. The only legal or financial issue would come in if there was an issue with benefits.

Seriously though, why would you pay someone to look after their own children. You will be getting very little maintenance if they are out of work, if any, so why not go to a 50/50 care arrangement, rather than pay someone to look after their children. Its strange, thats all. You don't pay parents to look after their children, so why are you considering this?

Kenyatta

Well, marliepanda, it's a bit complicated. The other parent does not want a 50/50 "free" care arrangement, I certainly cannot force them to - they have a new life, new partner, and new responsibilities. There is no maintenance paid.
I am considering this because it is cheaper than the "regular" childcare, which I don't seem to be able to afford anymore. As I said, they are giving me mates rates I am not ultra poor, but full time childcare for a 2 and a 3 year old is around £2.5K a month.
On the legal topic, I was wondering whether, should my ex claim any in-work benefits based on this job, will it be considered as bona fide employment? I am not overly concerned for him, but don't want it to look like I am facilitating some sort of a dodgy scheme.

Comms69

Id suggest this was more of an informal arrangement, and any payment would be in essence child maintenance for the time they have the child.


I certainly wouldn't 'hire' your ex.

FBaby

Think of the emotional damage that finding out that your non resident parent only agreed to care for if paid.

I'd rather go without any luxuries than being party to such disgusting parental bahaviour from the paid party.

Rambosmum

Yes it is possible and legal however you will need to set it up as a formal arrangement like you would with a non-relative nanny including holiday and sick pay, NI and tax and pension contributions and have employers insurance.


I'm assuming that your ex needs to work but is having difficulties in his industry and is therefore unable to provide the care free as he could then get a job and cancel on you at sort notice.


However I would say that a person who only sees a child for a few hours a week going to essentially full time with them may be quite difficult for both parties to adjust to.

marliepanda

Kenyatta wrote: »

Well, marliepanda, it's a bit complicated. The other parent does not want a 50/50 "free" care arrangement, I certainly cannot force them to - they have a new life, new partner, and new responsibilities.

You said they were claiming single parent benefits, when they are neither single nor an active parent?

Thats where the fraud comes in.

If you want to pay him and continue this very strange attitude this man has towards his children, then thats entirely your choice.

TBagpuss

There is no reason you can't employ him as a child minder. However, o make sure that you are doing everything formally, with clear written agreements about pay, timescales etc.Get some advice to make sure that you are doing everything correctly as an employer (or alternatively, if appropriate, that it is clear i they are working as a self-employed child-minder)

It may also be sensible to consider whether there are other options - you working more flexible, sharing a nanny with another family, paying a child minder who isn't also the children's other parent etc - it may be easier in the long term. Also, do think about whether he is able to provide a suitable level of care. A few hours every other weekend is a very low level of contact - has he not wanted more, or has he struggled to cope with the children for longer periods?