court ordered day care expenses

[hotrodbaby21]

What is the name of your state (only U.S. law)? OK

General question: My court order for child support states that dad has to pay half of day care also but is not included into the amount of child support. Court order states to provide a reciept of the amount and he has ten days to pay his half. I get nothing.

I called CSE and THEY cannot enforce this addition to the order.

Now What?
Thank you in andvance!What is the name of your state (only U.S. law)?

 

[Isis1]

What is the name of your state (only U.S. law)? OK

General question: My court order for child support states that dad has to pay half of day care also but is not included into the amount of child support. Court order states to provide a reciept of the amount and he has ten days to pay his half. I get nothing.

I called CSE and THEY cannot enforce this addition to the order.

Now What?
Thank you in andvance!What is the name of your state (only U.S. law)?

then you file for contempt on your own or with an attorney.


what is the exact wording of the court order?

 

[hotrodbaby21]

Thank You!

The EXACT wording of the paragraph in the order is:

7. Defendant is also ordered to pay 50% of any employment or educated related child care costs. The current child care expenses are$_____ per month. These expenses shall be paid directly to the custodial parent within ten(10) days of receiving proof of the expense. The request of the Department of Human Services to include them in the child support order is denied.


Question:
Is there a limit of time that I can file for these costs?

If its been 4 years now since the last time I presented him with any receipts, does that matter, or does it stand the same?

Why would they add that condition in there (deniying to include the costs with CS) if they weren't intending on enforcing it?

 

[Silverplum]

Thank You!

The EXACT wording of the paragraph in the order is:

7. Defendant is also ordered to pay 50% of any employment or educated related child care costs. The current child care expenses are$_____ per month. These expenses shall be paid directly to the custodial parent within ten(10) days of receiving proof of the expense. The request of the Department of Human Services to include them in the child support order is denied.


Question:
Is there a limit of time that I can file for these costs?

If its been 4 years now since the last time I presented him with any receipts, does that matter, or does it stand the same?

Why would they add that condition in there (deniying to include the costs with CS) if they weren't intending on enforcing it?

Compare the bolded.
You don't have a case for the old expenses.

From NOW ON, follow the ORDER and send him the expense receipts.

 

[hotrodbaby21]

Okay, so, every week, when I pay the whole amount and get the receipt from Day Care Provider, I give it to him; then wait ten more days before not getting anything, and now, in the mean-time, have racked up another week of day care expenses. I then go file EVERY week for EVERY receipt he doesn't pay? Is that logical?

That's what I originally intended to do but seeing that he wouldn't pay after just a few weeks of "waiting", I realized I couldn't afford to file that many times.

That's when I found this forum and wanted to seek advice to this ongoing problem.

I am NOT trying to be a smart-alec just frustrated at MY situation.LOL

Thank you for your help.

 

[LdiJ]

Okay, so, every week, when I pay the whole amount and get the receipt from Day Care Provider, I give it to him; then wait ten more days before not getting anything, and now, in the mean-time, have racked up another week of day care expenses. I then go file EVERY week for EVERY receipt he doesn't pay? Is that logical?

That's what I originally intended to do but seeing that he wouldn't pay after just a few weeks of "waiting", I realized I couldn't afford to file that many times.

That's when I found this forum and wanted to seek advice to this ongoing problem.

I am NOT trying to be a smart-alec just frustrated at MY situation.LOL

Thank you for your help.

What you do, is you wait until there has been several weeks (or maybe a couple of months) of him not adhering to the orders, and THEN you file for contempt...on all of it. You can include in the motion that he hasn't paid for 4 years, to emphasize the problem, but you cannot expect to get reimbursed for all those years.

Then, if that doesn't resolve the issue, then you again collect up at least a few weeks, or a couple of months of him not paying, and that time you ask that it be included in the child support order and included in any garnishments from his check.

 

[hotrodbaby21]

What you do, is you wait until there has been several weeks (or maybe a couple of months) of him not adhering to the orders, and THEN you file for contempt...on all of it. You can include in the motion that he hasn't paid for 4 years, to emphasize the problem, but you cannot expect to get reimbursed for all those years.

Then, if that doesn't resolve the issue, then you again collect up at least a few weeks, or a couple of months of him not paying, and that time you ask that it be included in the child support order and included in any garnishments from his check.

That sounds reasonable enough. Thanks.

 

[Ohiogal]

What you do, is you wait until there has been several weeks (or maybe a couple of months) of him not adhering to the orders, and THEN you file for contempt...on all of it. You can include in the motion that he hasn't paid for 4 years, to emphasize the problem, but you cannot expect to get reimbursed for all those years.
Then, if that doesn't resolve the issue, then you again collect up at least a few weeks, or a couple of months of him not paying, and that time you ask that it be included in the child support order and included in any garnishments from his check.

He hasn't paid for four years but yet she has NOT presented him with the proof of payment and receipts that she needed to present him with for those four years so quite frankly SHE is to blame for that amount of time. I agree with the rest of it however.

 

[hotrodbaby21]

He hasn't paid for four years but yet she has NOT presented him with the proof of payment and receipts that she needed to present him with for those four years so quite frankly SHE is to blame for that amount of time. I agree with the rest of it however.

After a few weeks and months of not receiving any of his portion, I decided it became rather a burden to track him down once a week for no outcome. So, I gave up. Was I wrong? I was just curious about going back the 4 years. You answered that. Can I still present all to him at once, legally? Yes, I AM to blame for not wanting to bother him then, am I now for changing my mind?

 

[Ohiogal]

After a few weeks and months of not receiving any of his portion, I decided it became rather a burden to track him down once a week for no outcome. So, I gave up. Was I wrong? I was just curious about going back the 4 years. You answered that. Can I still present all to him at once, legally? Yes, I AM to blame for not wanting to bother him then, am I now for changing my mind?

No you cannot expect payment for four years of receipts that you have NOT presented to him. Legally a court will not make him pay all that because you have not presented it to him in a reasonable time. You don't get to use daycare receipts as a winning lottery ticket that you can cash in any time you want.

 

[hotrodbaby21]

Okay, thank you for all your help. I will most certainly be back for any more questions that I may have that someone else doesn't have answered.

Have a good day to you all!!

 

[socalmom23]

hotrodbaby21

Hi....i am going thru the exact situation as you are right now and the judge has ordered the same for me.


The EXACT wording of the paragraph in the order is:

7. Defendant is also ordered to pay 50% of any employment or educated related child care costs. The current child care expenses are$_____ per month. These expenses shall be paid directly to the custodial parent within ten(10) days of receiving proof of the expense. The request of the Department of Human Services to include them in the child support order is denied.


Question:
Is there a limit of time that I can file for these costs? - there is NO limit to file for this. You are entitled to 50% of what he is responsible for paying only EFFECTIVE from the date the order was stated. In my case the judge ruled on the order in Dec 08 and made it effective from 10/01/08. My ex owes me 50% of day care AND non covered medical expenses starting from 10/01/08 and he has yet to pay me....he's crying the "i don't have the money blues", cry somewhere else as far as i'm concerned. He knows what i've paid and he refuses, so now i have to fill out paperwork and have another court date set so that i can bring my information to the judge and have the judge add and exact $$ amount to the child support order making the order for monthly child support and adding 50% of what i pay a week for day care. Till the judge takes that order away you are entitled to that money from him.

If its been 4 years now since the last time I presented him with any receipts, does that matter, or does it stand the same? - doesn't matter. he know's he's responsible for it he needs to pay you and when/if you go to court for it he will be liable for the interest on the unpaid portions.

Why would they add that condition in there (deniying to include the costs with CS) if they weren't intending on enforcing it? - In CA, for those extras, you have to start the ball rolling yourself and then get a court date and ask the judge to have it added. They will add it and you have to do the leg work.

I hope this helps you!!

Also to respond to some of the other "comments", you are NOT to blame for anything. He's a dead beat for not keeping up his end. He is served and/or mailed the same papers that you recv, it's his CHOICE that he's not paying so HE's to blame for you having to go thru this.

Good luck to you!!

 

[Proserpina]

socal, you have absolutely no idea whether OP's judge will make a similar order - you don't even know if OP"s state even has similar guidelines to enforce, let alone assume a judge will rule a certain way.

I know you're trying to help and that's commendable, but in this case it really doesn't help the Op.

(who has, incidentally, received a reply from an actual family attorney)

 

[socalmom23]

socal, you have absolutely no idea whether OP's judge will make a similar order (if you read the post the judge already did, and it was for "Defendant is also ordered to pay 50% of any employment or educated related child care costs") - you don't even know if OP"s state even has similar guidelines to enforce, let alone assume a judge will rule a certain way. - if you read my post, i did say "in my case" and also noted that I was in CA, orders though are enforceable effective the date the judge states till there is another order that states otherwise, that's in what ever state the person lives in.

I know you're trying to help and that's commendable, but in this case it really doesn't help the Op. - also as i stated, i hoped that it helped since it seemed another was harping on her that she was to blame, i do understand that the laws are different from state to state and to hotrodbaby21, if i've overstepped as Dogmatique has implied that i have, i do apologize, i know that going thru this crap with my ex is very draining, time consuming and pathetic that we have to be mom's to our ex's for the things they already know they should be taking care of. I wish you the best of luck and hope that you get everything that has been ordered for you.

(who has, incidentally, received a reply from an actual family attorney) - and it's commendable for you to defend as well although Ohio and Oklahoma may have different guidelines as well. Thankfully there's a disclaimer stating she wasn't giving any legal advice, i'd not appreciate my family attorney or guardian ad litem to BLAME me or my children or imply that I was lottery ticket money hungry for trying to seek advice from my peers to recover monies that were legally due to me by my ex.

Again, hotrodbaby21, if i've over stepped, i offer my humble apology, seeing the answers that you recv'd on this matter will ensure that I'll not seek advice from my "peers" thru here. Good luck to you and I hope that the Oklahoma courts smile you with the reimbursement you are due.

 

[Ohiogal]

Hi....i am going thru the exact situation as you are right now and the judge has ordered the same for me.


The EXACT wording of the paragraph in the order is:

7. Defendant is also ordered to pay 50% of any employment or educated related child care costs. The current child care expenses are$_____ per month. These expenses shall be paid directly to the custodial parent within ten(10) days of receiving proof of the expense. The request of the Department of Human Services to include them in the child support order is denied.


Question:
Is there a limit of time that I can file for these costs? - there is NO limit to file for this. You are entitled to 50% of what he is responsible for paying only EFFECTIVE from the date the order was stated. In my case the judge ruled on the order in Dec 08 and made it effective from 10/01/08. My ex owes me 50% of day care AND non covered medical expenses starting from 10/01/08 and he has yet to pay me....he's crying the "i don't have the money blues", cry somewhere else as far as i'm concerned. He knows what i've paid and he refuses, so now i have to fill out paperwork and have another court date set so that i can bring my information to the judge and have the judge add and exact $$ amount to the child support order making the order for monthly child support and adding 50% of what i pay a week for day care. Till the judge takes that order away you are entitled to that money from him.

If its been 4 years now since the last time I presented him with any receipts, does that matter, or does it stand the same? - doesn't matter. he know's he's responsible for it he needs to pay you and when/if you go to court for it he will be liable for the interest on the unpaid portions.

Why would they add that condition in there (deniying to include the costs with CS) if they weren't intending on enforcing it? - In CA, for those extras, you have to start the ball rolling yourself and then get a court date and ask the judge to have it added. They will add it and you have to do the leg work.

I hope this helps you!!

Also to respond to some of the other "comments", you are NOT to blame for anything. He's a dead beat for not keeping up his end. He is served and/or mailed the same papers that you recv, it's his CHOICE that he's not paying so HE's to blame for you having to go thru this.

Good luck to you!!

You are wrong. They will NOT make dad pay receipts for the last 4 years. SHE is to blame for NOT giving him PROOF of the daycare costs. Quite frankly QUIT giving improper information.