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Proving provision of child care

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nu2itall

Junior Member
What is the name of your state? NY
My husband just received a summons for cs reimbursement of child care fees as per their divorce stipulation. The thing is, my husband and I have been providing the necessary child care for the children four out of five days of the week. His ex however refused to provide any written documentation attesting to his provision of child care services, so instead we tried our best to document the time we had them, expecting this to happen. My questions are-1) Being that we provide childcare for the children 4/5 days of the week and the stipulation stated pro rata child care fees, would he incur the cost of providing childcare for the one day he doesn't? It doesn't seem fair that he should when in addition to paying child support, we have the children after school until almost bedtime on those days 2)We documented the time we had the children by writing a journal, signing and dating all their HW (we have copies) and keeping all the HW that was on loose leaf papers. Is this enough to convince a judge of the time we've had the children? His ex went back out to work the 3rd week of January and we've had the children from the beginning of the fourth week, and have HW, journal entries and loose leaves from said time. We assume that his ex will lie in court and say that he didn't provide any care at all, so we are really hoping that this is enough. Any advice and assistance is greatly appreciated.
 


ceara19

Senior Member
She wouldn't be lying if she said he doesn't provide daycare. Dad is a PARENT, not a babysitter. He still has to pay according to the court order. He MAY be able to get a reduction in child support based on how much he has the child, but he would need to file to modify the support order and PROVE how much the child is there.
 

nu2itall

Junior Member
ok

So even though he is providing child care for the times she claims to need it, that doesn't qualify as satisfying the need? He needs to now counter with a request for modification is what you're saying? If he doesn't will the court not consider his time with the children in calculating cs? Forgive the questions not too sure how the system works. Thanks
 

stealth2

Under the Radar Member
I'm not sure I get why you think Dad is exempt from paying his portion of the 1 day of child care, as ordered by the court.
 

nu2itall

Junior Member
It's supposed to be pro rata child care provision. He's providing child care for 4 days out of 5, that's why I think that he should not have to pay a "portion" since he is going way beyond what he would have been ordered if they had gone to court prior to now- His ex makes almost 4 times more than what he makes right now, and despite the fact that this has been put into place since the end of January he has not filed for modification. The children have all been failing in their school, which is why we don't want to file a counter for fear that she would take them away from us after school. Since we've been working with them there has been a notable improvement in their schoolwork. Yesterday we met with one of the teachers who stated as such and encouraged us to spend as much time with the kids as possible because of this improvement. My problem is not really his contribution to the 1 day he doesn't have them, if that's the case so be it- it's whether or not we have enough to prove the times we DO have them. I have no doubt that she would say we haven't had them at all, that was what I was referring to when I initially said she would lie in court- not necessarily the fact that she is/was entitled to child care fees. We intend to later go for more visitation based on the times we have them now along with some other issues and I guess if it is established in court that we do have them for this time it would strengthen our case. Thank you again for any advice
 

stealth2

Under the Radar Member
Is he (or you) a licensed child-care facility? No - so you don't get a "fee" for watching your husband's kids. He's not a babysitter. He's a parent. The children are in CHILD CARE one day a week, not five.
 

nu2itall

Junior Member
I should have specified...child care on Monday is her boyfriend picking them up after school...last time I checked he was not a licensed day care facility either. Again that is not my concern. Anyone else with experience in a similar situation on whether the info provided would be enough to prove the times we've had the children?
 

nextwife

Senior Member
Mom obviously did NOT incur a child care expense for the days the child was with you. If she is insisting she incured an expense and is due reimbursement, ask for a statement from the provider including the tax ID number under which the child care provider bills. My daughter's child care providers have always been able to provide a year end statement (for tax purposes) which shows the dates of child care provided and the money paid. Child care providers have to be able to provide this stuff because so many employers have before-tax child care saving plans, and the child care MUST be documented for reimbursement from plan.

Review the wording of the order to verify the exact language of the child care provision.
 
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