[ID] [ID] Is childcare for medical leave considered work-related?
1. Does Idaho law (Rule 120) support my position that child care during medical leave qualifies as “work-related” due to temporary incapacity?
2. Can the other parent be legally required to pay their share even if I wasn’t working but was medically incapacitated?
3. Is the court likely to view my decision to maintain child care as reasonable and necessary under the decree?
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Thank you for providing the background—your situation is deeply sympathetic, and I want to commend you for continuing to prioritize your child's stability during such a difficult and vulnerable time.
To address your questions individually:
-
Does Idaho law (specifically I.R.F.L.P. Rule 120) support your position that child care during medical leave qualifies as “work-related” due to temporary incapacity?
Yes, Idaho Rule of Family Law Procedure 120 does support an argument in your favor. While the term "work-related child care" typically refers to child care required so a parent can work, courts often interpret that phrase with reasonable flexibility—particularly when the parent is temporarily incapacitated due to medical reasons. Temporary medical incapacity, especially when verified by documentation, has been recognized in various jurisdictions as a situation where child care remains “necessary” for the health, safety, and well-being of both the parent and child.
The key is whether the care is necessary and consistent with the child's established routine, and your circumstances appear to meet both of those criteria. Courts also weigh whether maintaining care supports the child’s best interests—and here, continuity and stability during your recovery very likely would.
-
Can the other parent be legally required to pay their share even if you weren’t working but were medically incapacitated?
Yes, there is a strong argument that the father should still be responsible for his share—80%—of the child care costs incurred during your period of medical leave. Because the decree does not define “work-related” narrowly or exclude circumstances like temporary incapacity, and because the care remained necessary during your recovery, a court is likely to interpret the decree in light of its intent—to ensure shared responsibility for essential child care.
Medical incapacity is not the same as choosing not to work—it is an involuntary and serious health-related condition. Courts tend to look unfavorably on arguments that seek to escape responsibility based on overly narrow readings of such provisions, particularly when the care supported your recovery and allowed your son to remain in a stable environment.
-
Is the court likely to view your decision to maintain child care as reasonable and necessary under the decree?
Yes, very likely. The decision to continue your child’s care schedule—especially during such a difficult and sensitive time—demonstrates a commitment to his stability and emotional well-being. Courts are highly sensitive to the disruption that abrupt changes in care arrangements can have on children, particularly young children. Your explanation that you kept the same child care schedule for consistency, and that the tuition was even temporarily reduced, supports the view that you acted prudently and in your child's best interest.
Additionally, by seeking only the reduced actual cost and remaining open to resolving this reasonably, you have demonstrated good faith—something courts look at closely.
Final thoughts:
Given the circumstances, the court will very likely see your actions as reasonable and within the spirit—if not the letter—of the decree. I would recommend gathering the following to bolster your position if this goes before the court:
- A letter from your doctor verifying your medical incapacity and recovery period.
- Documentation of your son's enrollment dates and consistent attendance.
- Copies of invoices and tuition reductions from the child care provider.
- Communications with the father’s attorney showing your good faith efforts to resolve this.
It may be necessary to file a motion with the Idaho court to clarify or enforce the decree if the father continues to refuse payment. I would recommend speaking with a local Idaho family law attorney who can assist with this, and you can find one at Avvo.com.
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1. Does Idaho law (Rule 120) support my position that child care during medical leave qualifies as “work-related” due to temporary incapacity?
2. Can the other parent be legally required to pay their share even if I wasn’t working but was medically incapacitated?
3. Is the court likely to view my decision to maintain child care as reasonable and necessary under the decree?
Lexi, Chatbot
I understand your concern. Can you provide more details about your current custody arrangement and any specific language in the decree regarding child care responsibilities during medical leave?
The current custody arrangement is that I have full physical custody of our son. We reside in South Carolina, while his father lives in Idaho, where the court order was issued.
The decree states that his father and I are to share the cost of “work-related child care expenses,” with me responsible for 20% and him responsible for 80%. However, it does not specifically address situations involving medical leave or temporary incapacity.
During my recent six-week medical leave for surgery due to a cancer diagnosis, I continued paying for our son's child care. Although I was not actively working during that time, I was medically incapacitated. Child care remained necessary and continued on the same schedule to maintain consistency for Theo and support my recovery. The school also temporarily reduced the tuition, and I’m only requesting the father’s share of the actual reduced amounts for that period, as well as his share of the standard tuition rate for the weeks before and after my leave.
I believe this request aligns with the intent of the decree and Idaho’s Rule 120, which recognizes that child care may remain appropriate during periods of temporary incapacity. I’m happy to provide supporting documentation or clarify anything further.
Lexi, Chatbot
Have you discussed this situation with the other parent or attempted to come to an agreement outside of court regarding child care expenses during your medical leave?
Yes, I have attempted to address this with the other parent through his attorney, as we currently communicate through legal channels. I’ve explained the circumstances of my medical leave, the continued need for child care during that time, and that I’m only requesting his share of the actual reduced tuition costs.
So far, his position — through counsel — is that he may not be responsible for child care during the six weeks I was on medical leave, as it was not technically “work-related.” However, I believe the situation falls within the intent of the decree and Idaho law, given the nature of my temporary incapacity and the continued need for care.
I remain open to resolving this cooperatively and am willing to provide all relevant documentation.
Lexi, Chatbot
Is there anything else the family lawyer should know before I connect you? Rest assured, they’ll be able to help with child care expenses.
No
Blake
Hello, my name is Blake and I am a licensed attorney - I will be happy to help you today! All I ask is that you please keep in mind that this conversation is for informational purposes only and does not establish an attorney client relationship or constitute legal advice.
THIS ENTIRE DISCUSSION SHOULD BE CONSIDERED GENERAL LEGAL INFORMATION ONLY AND MAY NOT BE RELIED UPON AS ADVICE.
You must hire an attorney if you need legal advice for your specific situation. Your question is important, and I'll provide a helpful response as soon as possible. Feel free to reach out with any additional concerns or questions. Your satisfaction is my priority, and I'll make sure to communicate effectively and use a tone that you can understand. Together, we'll find the best solutions for your needs.
Let's get started! First of all, how long ago did this happen, and where was it located?
My son was enrolled on March 3rd of this year. I had my surgery on March 26th. I reside in South Carolina, the father resides in Idaho.
Blake
Thank you for providing the background—your situation is deeply sympathetic, and I want to commend you for continuing to prioritize your child's stability during such a difficult and vulnerable time.
To address your questions individually:
-
Does Idaho law (specifically I.R.F.L.P. Rule 120) support your position that child care during medical leave qualifies as “work-related” due to temporary incapacity?
Yes, Idaho Rule of Family Law Procedure 120 does support an argument in your favor. While the term "work-related child care" typically refers to child care required so a parent can work, courts often interpret that phrase with reasonable flexibility—particularly when the parent is temporarily incapacitated due to medical reasons. Temporary medical incapacity, especially when verified by documentation, has been recognized in various jurisdictions as a situation where child care remains “necessary” for the health, safety, and well-being of both the parent and child.
The key is whether the care is necessary and consistent with the child's established routine, and your circumstances appear to meet both of those criteria. Courts also weigh whether maintaining care supports the child’s best interests—and here, continuity and stability during your recovery very likely would.
-
Can the other parent be legally required to pay their share even if you weren’t working but were medically incapacitated?
Yes, there is a strong argument that the father should still be responsible for his share—80%—of the child care costs incurred during your period of medical leave. Because the decree does not define “work-related” narrowly or exclude circumstances like temporary incapacity, and because the care remained necessary during your recovery, a court is likely to interpret the decree in light of its intent—to ensure shared responsibility for essential child care.
Medical incapacity is not the same as choosing not to work—it is an involuntary and serious health-related condition. Courts tend to look unfavorably on arguments that seek to escape responsibility based on overly narrow readings of such provisions, particularly when the care supported your recovery and allowed your son to remain in a stable environment.
-
Is the court likely to view your decision to maintain child care as reasonable and necessary under the decree?
Yes, very likely. The decision to continue your child’s care schedule—especially during such a difficult and sensitive time—demonstrates a commitment to his stability and emotional well-being. Courts are highly sensitive to the disruption that abrupt changes in care arrangements can have on children, particularly young children. Your explanation that you kept the same child care schedule for consistency, and that the tuition was even temporarily reduced, supports the view that you acted prudently and in your child's best interest.
Additionally, by seeking only the reduced actual cost and remaining open to resolving this reasonably, you have demonstrated good faith—something courts look at closely.
Final thoughts:
Given the circumstances, the court will very likely see your actions as reasonable and within the spirit—if not the letter—of the decree. I would recommend gathering the following to bolster your position if this goes before the court:
- A letter from your doctor verifying your medical incapacity and recovery period.
- Documentation of your son's enrollment dates and consistent attendance.
- Copies of invoices and tuition reductions from the child care provider.
- Communications with the father’s attorney showing your good faith efforts to resolve this.
It may be necessary to file a motion with the Idaho court to clarify or enforce the decree if the father continues to refuse payment. I would recommend speaking with a local Idaho family law attorney who can assist with this, and you can find one at Avvo.com.
Blake
Does this answer your question and do you understand the answer completely?
Please let me know if you have any follow-up questions or if anything in this answer was unclear, and I will be happy to help.
Blake
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