Day Care

What is the name of your state?Az
If I have a court order that states that I am to pay half of mothers child care expenses in the amount of over 600 dollars a month. Can I sue for the money back if my ex is not taking them to daycare? I have been paying her to take them and she is just pocketing the money. I recalculated the ammount and it is over 300 dollars a month less once you take out the child care.
It might be important to know that this has always been part of my child support payments. I just found out recently that she removed them from Daycare back in June of 2003. She never told me and I did not know because we were not living close to eachother. She would never tell me the name of the daycare provider so I had no way of knowing that they were not going. She had told the children that they could not tell me or they would get in trouble. Any help would be greatly appreciated. This would be over a 7000 dollar overpayment.

Petition for a CS review...

Here you go...get the ball rolling, do-it-yourself (this can also be used for counties other than Maricopa.) There is a minimal filing fee.

http://www.superiorcourt.maricopa.gov/ssc/forms/pdf/drmss11f.pdf

Because childcare is one of the items that is figured into an AZ support order, a modification must be sought by the party wanting the change as changes occur.

There is another form at the Self Service Site in which BOTH parties agree to a new amount of support -- I doubt you'll need that one.

You might want to talk to your ex before you do anything. Don't let the kids be your info source -- don't get them involved. Ask your ex if the children are still in childcare. If no, for how long? Is she ready to recompute the correct amount? It's less expensive if you work together.

If she claims yes, would she please send the receipts for the last X-amount of time and going forward. She'll need to have the documentation for a support hearing if she decides to fight you. Go to court and modify.

You will most likely have your support lowered from the date of your filing. Kiss goodbye any "overpayment". Your order should have had a provision for exchange of receipts (for childcare, medical co-pay, Rx) -- if you got lazy, that cost you. Sorry.

Oh no I brought this issue up when she pulled them out of their original daycare provider that July. I asked her where she was sending them and she said it was none of my bisiness. I brought it up in court and the judge told her to remitt either copies of the receipts or face charges. Well I got the "receipts" FINALLY a few weeks ago. I have been calling and calling the number that was on the reciepts to reach this lady and I was not getting any replies. I finally paid money out of my own posket a week or so ago to do a search on this number (lets call it a hunch) and it was a cell phone that my ex has. I guess that she has 2 cell phones. I called my ex and told her that it was her number on the receipts and she said "so" and hung up. I guess that I have been paying her all this time to be the childrens day care proveder. Keep in mind now that I no longer have custody of them so I guess that she is thinking that she has decided to be a stay-at-home mom I have to pay her "services" of staying at home to watch the kids. I was hoping that I could get a refund but I am not sure if she can legally do this.

Sue her ass for fraud and file charges now if what you say is correct. Make her a felon because of the amounts involved.............now.

newguyhere said:

Oh no I brought this issue up when she pulled them out of their original daycare provider that July. I asked her where she was sending them and she said it was none of my bisiness. I brought it up in court and the judge told her to remitt either copies of the receipts or face charges. Well I got the "receipts" FINALLY a few weeks ago. I have been calling and calling the number that was on the reciepts to reach this lady and I was not getting any replies. I finally paid money out of my own posket a week or so ago to do a search on this number (lets call it a hunch) and it was a cell phone that my ex has. I guess that she has 2 cell phones. I called my ex and told her that it was her number on the receipts and she said "so" and hung up. I guess that I have been paying her all this time to be the childrens day care proveder. Keep in mind now that I no longer have custody of them so I guess that she is thinking that she has decided to be a stay-at-home mom I have to pay her "services" of staying at home to watch the kids. I was hoping that I could get a refund but I am not sure if she can legally do this.

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You do not have to pay her "services" to be a stay-at-home mom. No court will allow this. Since the over-payment is so large, I'd think it's worth your time to take her to court over this. For the future, ask it be arranged where she must pay the daycare bill herself and then send you reciepts to reimburse her for 1/2. Then do the same.....check on the legitimacy of the provider.

Phnx02 said:

You do not have to pay her "services" to be a stay-at-home mom. No court will allow this. Since the over-payment is so large, I'd think it's worth your time to take her to court over this. For the future, ask it be arranged where she must pay the daycare bill herself and then send you reciepts to reimburse her for 1/2. Then do the same.....check on the legitimacy of the provider.

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Thank you for your input I think I will request the reimbursement when I got to court on her contempt charges this summer. It is a hope but I think it might be worth a shot. I already requested the thing that you said to the judge but the courts are putting a lot of faith in her that she is an honest person. Oh and by the way she has now disconnected the cell phone (she only had it as a "cover" for the receipts) and I am trying to find ways to link it to her now. The chip for the phone was in her name but ther rest was all prepaid. I think I might have to subpoena the courts on this one. Thank you once again for your suggestions.

Advice...

I had a similar problem -- paying for childcare costs when none existed. What some people will do for money is sad. I got my money back, but was not in AZ.

I'm going to suggest that you forget the cell-phone angle. It's too "X-files" and has too many loopholes. For example, maybe she was paying an undocumented worker to watch the children and provided a cell phone so that she could contact her as needed. The receipts could be 'real' to the extent that money had been paid for services. That would be acceptable to the court.

I suggest that you request receipts that display...

1. Care provider's name
2. Care provider's physical address, contact info
3. Care provider's TAXPAYOR ID #, or provider's SSN

Work on the receipts...work on contacting the actual care provider (if there is one.) That's what you're going to need to show the court...The receipts are bogus...She's not paying the actual amount and manufactured receipts.

IF you can prove that she has provided you FAKE receipts...Ouch, you just might get your money back...and more.