Day Care Receipts

[stepmom65]

What is the name of your state?California

My husband is paying child support for 2 kids, some part of the child support is supposed to go to a licensed daycare so she can work. First of all, she only works 2 days a way (lazy) and second of all she's not paying any daycare.

She has contacted him and wants a modification (more $$$). We found out that she is going to claim $1200 a month in daycare. We don't think she makes $1200 a month, period. She doesn't pay any daycare. We know this because his daughter babysits his son and her other child for $10.00 a day (2 days total per week). She is also receiving food stands, etc, etc.. The other days she doesn't work.

Question: If she decides to take this to court (she can't afford an attorney, so she would most likely file herself), can we ask for receipts (proof) of $1200 per month daycare costs. We can afford an attorney, and will hire one if she persists with modification.

On a side note, he pays her oldest daughter (24yrs old) from a previous marriage $90.00 a week (for 2 days) for child support (under the table). When he brings in his paperwork (income/expense declaration and other needed items) he will not include child care costs. He has a good relationship with his step-daughter and is helping her out$$. This step-daughter will not babysit for her mother, because her mother won't pay her any money. (The mother tells her she's her mother and shouldn't have to.)

Anyhow, can we force her to show us receipts for this so called daycare cost. Can we get a modification if she can't produce the receipts??? Our child support order says a certain percentage is to go to licensed child care.

Please advise.

[LdiJ]

What is the name of your state?California

My husband is paying child support for 2 kids, some part of the child support is supposed to go to a licensed daycare so she can work. First of all, she only works 2 days a way (lazy) and second of all she's not paying any daycare.

She has contacted him and wants a modification (more $$$). We found out that she is going to claim $1200 a month in daycare. We don't think she makes $1200 a month, period. She doesn't pay any daycare. We know this because his daughter babysits his son and her other child for $10.00 a day (2 days total per week). She is also receiving food stands, etc, etc.. The other days she doesn't work.

Question: If she decides to take this to court (she can't afford an attorney, so she would most likely file herself), can we ask for receipts (proof) of $1200 per month daycare costs. We can afford an attorney, and will hire one if she persists with modification.

On a side note, he pays her oldest daughter (24yrs old) from a previous marriage $90.00 a week (for 2 days) for child support (under the table). When he brings in his paperwork (income/expense declaration and other needed items) he will not include child care costs. He has a good relationship with his step-daughter and is helping her out$$. This step-daughter will not babysit for her mother, because her mother won't pay her any money. (The mother tells her she's her mother and shouldn't have to.)

Anyhow, can we force her to show us receipts for this so called daycare cost. Can we get a modification if she can't produce the receipts??? Our child support order says a certain percentage is to go to licensed child care.

Please advise.

She obviously isn't going to get away with claiming 1200.00 in daycare expenses. Yes, you both can and should ask that she produce receipts.
However, if your husband's income has gone up significantly since the order was made, don't assume that child support will go down. It might still go up.
There are online calculators available where you can run the numbers to get an idea of where you stand.

[stepmom65]

California

His income has gone up 15% or so since the divorce and we do know that she has a right to ask for a modification every 2 or 3 years. He pays for everything for these kids. All he wants to make sure is that he's paying his fair share and she's not getting any more then she's entitled to. She's told him that she wants him to pay her $400 more a month, or she will go back to court and get even more from a judge. He told her "feel free to do what you have to", let's let the courts decide what you get.

Thanks for replying.