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Child support and child expenses deposition

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cwmayhem

Member
What is the name of your state (only U.S. law)? IL
I have to be deposed on Dec. 7, as well as ex. I am trying to get him to pay back support and expenses since 2009. I have been in court asking for same since 2009. His attorney sent a notice of deposition on Dec. 2. She added a rider asking for documentation such as child support payment information, emails from me regarding consultation to him about my mother providing daycare, etc. My questions basically are:
1. Can they demand and am I obligated to come up with everything at this late date?
2. He has the info on child support - there is a withholding notice through the state. I don't mind providing it, but I only hot the demand on Friday. Not enough time to get the information together (depostion was ordered more than 2 weeks ago).
3. My parents have been providing childcare almost continually since prior to divorce in 2008. He did not have a problem until we had to start paying in 2009, and then he never notified me in writing that he disagreed or gave other options. I do not have any extra emails/documentation for years, because there was no change except for one 5 month period, and even then he refused to pay the actual daycare they were at. (they did not request any documentation on that daycare at all, yet he has never reimbursed his half of that either). (BTW - had to go back to parents because he stopped paying cs and I could not afford other daycare - I do have an email to that regard)
4. They go to public school, he knew where we lived, I gave him district info. Was I obligated more than that? He never responds to emails, gave info in ways of receipts, etc. in emails, now he wants emails, etc showing that I gave the info. This is a person who has not been in contact with teachers, parent teacher conferences (he was notified), IEP meetings for our child. What would they be trying to accomplish?
5. He does not, nor has he since divorce attend any counselling/medical visits. He demands documentation on doctors they were seeing BEFORE divorce and info on medical advice recommended by pediatrician (that part I did email). He even got the judge to make a recommedation (NOT an order) that I can never make a dr. appt. during his time - even though it may be the only time a specialist can see the child.

I am very nervous about deposition. I do not lie, I keep seperate email just for communications with him (usually one sided only - he never ever responds except to demean and criticize).
He wants to be "let out of" paying any medical bills for services needed for a child that desperately needed services and I received NO input even when I asked numerous times. I even requested in writing he research a specialist for the child and he did not respond for 5 months and then only to give me the names of 3 hospitals and that was his input! He said choose a dr. there and that was it - I had asked for 3 names and he did not comply.
BTW - he has not fully complied with discovery requested over a year ago, nor has he "updated" the folling 2 ordered times either.

Do I have to comply with it all? It was not ordered in the order for depostion, as I stated, just requested as a rider less than a week prior to deposition.

Thank you for any and all advice!
 


3. My parents have been providing childcare almost continually since prior to divorce in 2008. He did not have a problem until we had to start paying in 2009, and then he never notified me in writing that he disagreed or gave other options. I do not have any extra emails/documentation for years, because there was no change except for one 5 month period, and even then he refused to pay the actual daycare they were at. (they did not request any documentation on that daycare at all, yet he has never reimbursed his half of that either). (BTW - had to go back to parents because he stopped paying cs and I could not afford other daycare - I do have an email to that regard)
Was Dad ordered to pay half of the daycare expenses? Also, are you saying that previous to your divorce, your parents did not charge you for daycare, but AFTER the divorce, they started charging? Do you have proof of payment to your parents for reimbursement? Do you have proof of payment to the other daycare?
 

cwmayhem

Member
Yes, in the decree, father was ordered to pay 1/2 childcare, extracurricular, medical after insurance (which he is ordered to hold insurance). We were divorced in July 2008. They are on a fixed income, so had to start charging in July 2009. I do have emails to him stating the change. There were never any responses to emails.
I have proof of payment for absolutely all daycare payments to my parents and other daycare, and all have been provided to him.
 

Ohiogal

Queen Bee
Yes, in the decree, father was ordered to pay 1/2 childcare, extracurricular, medical after insurance (which he is ordered to hold insurance). We were divorced in July 2008. They are on a fixed income, so had to start charging in July 2009. I do have emails to him stating the change. There were never any responses to emails.
I have proof of payment for absolutely all daycare payments to my parents and other daycare, and all have been provided to him.
Are your parents declaring this daycare income on their taxes? This looks shysty quite frankly that YOUR parents only started charging after you divorced him. Are you payments to them in cash or check? How much are your payments to them?
 

cwmayhem

Member
As I stated before, it was a full year after our divorce that they had to start charging as times were getting really hard on them. They are on a fixed income and could no longer afford to do it for free.
I pay by check. I pay a very low amount, much lower than a regular daycare would charge, like by more than 1/2 what the going rate in my area is. Plus, my parents take them to things when I cannot because of work, like dr. visits, dentist. Also, by having them watch the kids, the kids are able to do things they otherwise would not, like extracurricular activities, movies, the library, the pool in the summer. They take very good care of them.
I have emails notifying him of the change, he never responded asking for alternatives or disagreeing. I have nothing from him. Plus, after the short period of other daycare, I notified him that my parents would start watching again at the same rate as prior. Again, no disagreement, alternatives, nothing.
I have been going to court on this since 2009, he never stated in court that he disagreed either. Now he has an attorney 2 years after the start and they are trying to not reimburse. Mind you, this is M-F before and after school and all day every day duing summer. How is this shysty? I would have to pay someone else to watch them and even more if not my parents. They are retired, on a fixed income and they do more for the kids than a regular daycare would.
 
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Ohiogal

Queen Bee
As I stated before, it was a full year after our divorce that they had to start charging as times were getting really hard on them. They are on a fixed income and could no longer afford to do it for free.
I pay by check. I pay a very low amount, much lower than a regular daycare would charge, like by more than 1/2 what the going rate in my area is. Plus, my parents take them to things when I cannot because of work, like dr. visits, dentist. Also, by having them watch the kids, the kids are able to do things they otherwise would not, like extracurricular activities, movies, the library, the pool in the summer. They take very good care of them.
I have emails notifying him of the change, he never responded asking for alternatives or disagreeing. I have nothing from him. Plus, after the short period of other daycare, I notified him that my parents would start watching again at the same rate as prior. Again, no disagreement, alternatives, nothing.
I have been going to court on this since 2009, he never stated in court that he disagreed either. Now he has an attorney 2 years after the start and they are trying to not reimburse. Mind you, this is M-F before and after school and all day every day duing summer. How is this shysty? I would have to pay someone else to watch them and even more if not my parents. They are retired, on a fixed income and they do more for the kids than a regular daycare would.
Do they claim that income? Do the checks each reference it is a daycare payment? Do you give your parents money for anything else?
 

cwmayhem

Member
I am not sure if they claim it. They have spoken to the IRS as to how that is done. So far, it has been less than $1000 per year, but, at this point, they have let me pay my half, and sent my ex a bill for his half(which has never been paid). If the judge states he only has to reimburse 1/2 of what I have actually paid, then so be it. The checks all reference daycare. I do not pay then for anything else.
 

Ohiogal

Queen Bee
I am not sure if they claim it. They have spoken to the IRS as to how that is done. So far, it has been less than $1000 per year, but, at this point, they have let me pay my half, and sent my ex a bill for his half(which has never been paid). If the judge states he only has to reimburse 1/2 of what I have actually paid, then so be it. The checks all reference daycare. I do not pay then for anything else.
Your parents did NOT contract with your ex. THEY have NO BUSINESS sending him a bill. NONE what so ever. YOU pay and then he can reimburse you 1/2 of what you have actually spent.
 

cwmayhem

Member
Thank you for the advice. However, my real question is, do I have to provide all info requested in rider? He has all the info via emails, and this is really short notice. I can come up with some, but not all. Will this damage my deposition?
 

stealth2

Under the Radar Member
Thank you for the advice. However, my real question is, do I have to provide all info requested in rider? He has all the info via emails, and this is really short notice. I can come up with some, but not all. Will this damage my deposition?
If he has all the info via emails, why is it difficult for you to pull it all together, even on short notice?
 

cwmayhem

Member
It isn't hard for me except for info on child support. I don't have a print-out on this. Also, if he has it, why do I have to supply it again?
BTW - we filed for discovery in Sept. 2010 (!) and he has never fully complied (we have had to update 2 times since -I have he has never). I do not have all the info I asked for in the first place. This is a financial deposition mostly - he doesn't feel financially obligated to our children at all or the need to follow the decree- and he has refused even to supply cancelled checks, bank records, etc. I will come prepared and he will have no information for my attorney to depose him in financial matters.
Will this be brought up in front of the judge? I mean when she gets the deposition in court files - she won't be there.
 
Have you called the child support enforcement agency for the CS records? I know the state can be difficult to work with sometimes, but they can usually get you this info pretty quickly if you talk nicely to them. They will probably send you a printout that makes no sense and is difficult to read, but who cares? Turn it over for the depo and let Dad's attorney figure it out.
 

Ohiogal

Queen Bee
It isn't hard for me except for info on child support. I don't have a print-out on this. Also, if he has it, why do I have to supply it again?
BTW - we filed for discovery in Sept. 2010 (!) and he has never fully complied (we have had to update 2 times since -I have he has never). I do not have all the info I asked for in the first place. This is a financial deposition mostly - he doesn't feel financially obligated to our children at all or the need to follow the decree- and he has refused even to supply cancelled checks, bank records, etc. I will come prepared and he will have no information for my attorney to depose him in financial matters.
Will this be brought up in front of the judge? I mean when she gets the deposition in court files - she won't be there.
Why do you believe the judge will get a copy of the deposition? Is it going to be submitted as an exhibit? Because depositions do NOT automatically go to the judge NOR do they automatically get entered into the court file.
 

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