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The Ex is lying about Child Care expenses.

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tbuchholz2010

Junior Member
Father in MN Mother in FL
What is the name of your state (only U.S. law)?
I recently modified my child support be cause I was laid off in June. I pay 1600.00 in child support and child care for two children. I recently recieved the referees judgement. she reduced the child support to 645.00 and the child care stayed at 690.00. For the ex's part time job she claims that she pays 1300.00 in child care. She claims she makes 1100.00 per month and child care is 1300.00. On my court date with the Referee I provided proof of other child care providers with in 10 miles of her home that charged by the hour because she claims she is on an oncall basis with her employer cleaning houses. The adverage cost was 650.00 to 700.00 per month with some being even less. Also her child care provider is not licensed with the state of FL and it is questionable if she is a US citizen. My ex was asked to provide 3 months of proof of payment to her childcare provider. She came up with 3 hand written receipts for the prior month she said she doesn't usually get receipts because she pays cash.
What more can I do to prove she is lying to get more support. Now that I'm laid off I don't have enough to live. Is there anything I can do if I don't agree with the Referee's decision? Is there anything I can do to demand that my children be taken care of by someone who is licensed and is required to have insurance? Should I report the daycare provider to the IRS?
 


P

Proserpina

Senior Member
tbuchholz2010 said:
Father in MN Mother in FL
What is the name of your state (only U.S. law)?
I recently modified my child support be cause I was laid off in June. I pay 1600.00 in child support and child care for two children. I recently recieved the referees judgement. she reduced the child support to 645.00 and the child care stayed at 690.00. For the ex's part time job she claims that she pays 1300.00 in child care. She claims she makes 1100.00 per month and child care is 1300.00. On my court date with the Referee I provided proof of other child care providers with in 10 miles of her home that charged by the hour because she claims she is on an oncall basis with her employer cleaning houses. The adverage cost was 650.00 to 700.00 per month with some being even less. Also her child care provider is not licensed with the state of FL and it is questionable if she is a US citizen. My ex was asked to provide 3 months of proof of payment to her childcare provider. She came up with 3 hand written receipts for the prior month she said she doesn't usually get receipts because she pays cash.
What more can I do to prove she is lying to get more support. Now that I'm laid off I don't have enough to live. Is there anything I can do if I don't agree with the Referee's decision? Is there anything I can do to demand that my children be taken care of by someone who is licensed and is required to have insurance? Should I report the daycare provider to the IRS?
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<---not a US citizen.

<--- here legally.

(I'm just saying)

How old is the order? How recently were you laid off?

Also, day care providers do NOT have to be licensed in the state of FL.
 
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T

tbuchholz2010

Junior Member
The oldest is 10. I was laid off in May.
Can't I insist that my children are going to a care provider that is licensed, for their safety?
 
P

Proserpina

Senior Member
tbuchholz2010 said:
The oldest is 10. I was laid off in May.
Can't I insist that my children are going to a care provider that is licensed, for their safety?
Click to expand...


You can ask the court for just about anything (I'm honestly not being snarky, ok?). But it's up to the court. Given that Florida doesn't require licensing, there doesn't appear to be much you can do other than ask.

Bear in mind, that a licensed daycare center WILL be more expensive. And that could backfire on you, immensely.

(See where I'm going with this?)

We need to know how old the ORDER is, not the child/ren :)
 
P

Proserpina

Senior Member
tbuchholz2010 said:
Sorry the order was filed on Dec 22, 2011
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You can appeal if you think the order was made incorrectly. You should have been given instructions on how to file an appeal, and you'll need to act soon because there will only be a short time in which you can do so.
 
I

Isis1

Senior Member
the daycare provider does not need to be licensed. and just because they are not licensed, doesn't mean the children are unsafe. i've already had issues with TWO childcare providers in a span of six months. they've been removed from their positions. yep, degrees, licenses, background checks. the works. but they can't seem to keep their hands to themselves. weird, isn't it?

mom paying a private babysitter, is her preference. and no illegal. whether or not the sitter is reporting her/his wages is something you will never be able to confirm since it's none of your business.
 
A

anapr

Member
Isis1 said:
the daycare provider does not need to be licensed. and just because they are not licensed, doesn't mean the children are unsafe. i've already had issues with TWO childcare providers in a span of six months. they've been removed from their positions. yep, degrees, licenses, background checks. the works. but they can't seem to keep their hands to themselves. weird, isn't it?

mom paying a private babysitter, is her preference. and no illegal. whether or not the sitter is reporting her/his wages is something you will never be able to confirm since it's none of your business.
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I disagree. In the state of Florida, licensure requirements for any daycare (home or otherwise) is dependent on the number of children being watched. OP, do you know if/how many other children are being watched at the home?
 
P

Proserpina

Senior Member
anapr said:
I disagree. In the state of Florida, licensure requirements for any daycare (home or otherwise) is dependent on the number of children being watched. OP, do you know if/how many other children are being watched at the home?
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It doesn't matter - a daycare provider in Florida does not NEED to be licensed by the state.

Can they? Oh absolutely. And that will usually enhance both their credibility and their income.

But do they NEED to be? Doesn't appear so, no.
 
A

anapr

Member
Again, I disagree. A daycare in the state of FL must be licensed if there are a certain number of children being watched.
 
P

Proserpina

Senior Member
anapr said:
Again, I disagree. A daycare in the state of FL must be licensed if there are a certain number of children being watched.
Click to expand...


Cite please - because everything I've read so far indicates that licensing is NOT a legal requirement. I can read WHAT the licensing requirements are based upon how many children are present, but nothing stating that licensing in and of itself is actually a requirement.

(I'm happy to admit when I'm wrong - please, educate us :) )
 
M

mistoffolees

Senior Member
tbuchholz2010 said:
Father in MN Mother in FL
What is the name of your state (only U.S. law)?
I recently modified my child support be cause I was laid off in June. I pay 1600.00 in child support and child care for two children. I recently recieved the referees judgement. she reduced the child support to 645.00 and the child care stayed at 690.00. For the ex's part time job she claims that she pays 1300.00 in child care. She claims she makes 1100.00 per month and child care is 1300.00. On my court date with the Referee I provided proof of other child care providers with in 10 miles of her home that charged by the hour because she claims she is on an oncall basis with her employer cleaning houses. The adverage cost was 650.00 to 700.00 per month with some being even less. Also her child care provider is not licensed with the state of FL and it is questionable if she is a US citizen. My ex was asked to provide 3 months of proof of payment to her childcare provider. She came up with 3 hand written receipts for the prior month she said she doesn't usually get receipts because she pays cash.
What more can I do to prove she is lying to get more support. Now that I'm laid off I don't have enough to live. Is there anything I can do if I don't agree with the Referee's decision? Is there anything I can do to demand that my children be taken care of by someone who is licensed and is required to have insurance? Should I report the daycare provider to the IRS?
Click to expand...
It's probably too late, but you should have subpoenaed financial records. When ex produced a handwritten receipt, you should have challenged it - a receipt can not be cross-examined. You should have asked for the child care worker to be deposed. It's probably too late to bring those issues up, but you can always try.

The fact that she paid her provider $1300 and you found some others that were less expensive is really irrelevant at this point. If you brought it up, then the argument was not sufficient to change the magistrate's mind. If you didn't bring it up, it's too late to do so now. Ex is free to choose the day care provider she wishes. And unless licensing is required in your county (see below), you can't force ex to use a licensed provider. And insurance is a silly argument. How is the child any safer with a provider who has insurance than with one who doesn't? Insurance doesn't make a home one bit safer.

You are free to report the daycare provider to the IRS, but that's not going to get you anywhere.

Proserpina said:
Cite please - because everything I've read so far indicates that licensing is NOT a legal requirement. I can read WHAT the licensing requirements are based upon how many children are present, but nothing stating that licensing in and of itself is actually a requirement.

(I'm happy to admit when I'm wrong - please, educate us :) )
Click to expand...
It appears to depend on the county. There is no statewide requirement for licensing, but counties can have stricter standards:
Florida Department of Children and Families
 
A

AlmostThere

Member
Seniors will need to vet this idea.. it may well be off course.

Since you are paying for half of the Child Care, would it be (legally) reasonable to ask for the child care provider's tax id so you declare your share on your taxes. I am guessing once you demand receipts that will affect the care providers taxes, the provider will not be willing to provide receipts for care not provided (if at all).

This might not help right now - but it may allow OP to go for a modification at some point in the not too distant future.
 
Ohiogal

Ohiogal

Queen Bee
AlmostThere said:
Seniors will need to vet this idea.. it may well be off course.

Since you are paying for half of the Child Care, would it be (legally) reasonable to ask for the child care provider's tax id so you declare your share on your taxes. I am guessing once you demand receipts that will affect the care providers taxes, the provider will not be willing to provide receipts for care not provided (if at all).

This might not help right now - but it may allow OP to go for a modification at some point in the not too distant future.
Click to expand...
Only the primary custodian can deduct child care expenses.
 
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