Day Care Expenses

[Motomoto]

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

I have been ordered to pay for Day Care expenses outside of Child Support payments. My wife is so called "self-employed" and refuses to give me any details of who she is working for, hours or any invoices for any work she has done. I'm reluctant to pay for Day Care services if she just have him sitting in day care when she is sitting at home. She has provided me with a document she typed up that has various dates/times on it, but it doesn't specify clients, or anything else.

What is my legal right in this matter? Can I request that she provide me with an invoice of some sort illustrating that she is actually working? I know that if she does, then it may open a her up to a decrease in Child Support and Alimony payments. At the time of the final decree, the court calculated the CS payments off of $1300/month for her since she was not working outside of the home. If her new income proved to be more than that, then it may modify the CS and SS payments.

So...what am I supposed to do?

 

[Nevergrowup]

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

I have been ordered to pay for Day Care expenses outside of Child Support payments. My wife is so called "self-employed" and refuses to give me any details of who she is working for, hours or any invoices for any work she has done. I'm reluctant to pay for Day Care services if she just have him sitting in day care when she is sitting at home. She has provided me with a document she typed up that has various dates/times on it, but it doesn't specify clients, or anything else.

What is my legal right in this matter? Can I request that she provide me with an invoice of some sort illustrating that she is actually working? I know that if she does, then it may open a her up to a decrease in Child Support and Alimony payments. At the time of the final decree, the court calculated the CS payments off of $1300/month for her since she was not working outside of the home. If her new income proved to be more than that, then it may modify the CS and SS payments.

So...what am I supposed to do?

So, your court ordered child support based on her having no income? Was she imputed any income? And it specifically states you have to pay day care costs? Is it split, or do you pay all of it?

Unless the order specifies, you cannot ask her for proof of anything, aside from proof that your child is actually in daycare and what it costs. You have no standing to demand information about her work, clients, ect. unless your order states she has to provide it. You could ask for a review based on the fact that she is employed. If she gave you that document, you may be able to use that as proof that she is working. Double edged sword though because that might just reiterate the need for daycare, and she may not be making much if she just began working in a self employed business.

 

[The_Non-Mom]

If you are ordered to pay day care expenses, then you need to pay day care expenses. Not only if you feel it is necessary. Not only if Mom can prove she is working. She has no obligation to share any of that with you. As long as the court has ordered it, Mom can stay at home in her bath robe and eat ice cream all day while Kiddo goes to day care at your expense.

Now you can certainly file for a modification and try to prove that day care is not necessary if she isn't working. Or, like NGU, mentioned you can also ask for a modification based on Mom being employed.

 

[Motomoto]

So, your court ordered child support based on her having no income? Was she imputed any income? And it specifically states you have to pay day care costs? Is it split, or do you pay all of it?

Unless the order specifies, you cannot ask her for proof of anything, aside from proof that your child is actually in daycare and what it costs. You have no standing to demand information about her work, clients, ect. unless your order states she has to provide it. You could ask for a review based on the fact that she is employed. If she gave you that document, you may be able to use that as proof that she is working. Double edged sword though because that might just reiterate the need for daycare, and she may not be making much if she just began working in a self employed business.

They used a before taxes Gross Income of $1300, which calculated out a split of Day Care costs of 17%(her)/83%(me). She hadn't worked in 9 years and the decree specifically states that I should pay day care expenses when she is working or in school.

 

[sandyclaus]

They used a before taxes Gross Income of $1300, which calculated out a split of Day Care costs of 17%(her)/83%(me). She hadn't worked in 9 years and the decree specifically states that I should pay day care expenses when she is working or in school.

Then there you go. It doesn't say you get to nitpick about how many hours she is working, or provide any such proof to you about it. It says you have to pay for an 83% share of the day care expenses. PERIOD.

As previously stated, if you are unhappy with paying for the child care at the current share according to the court order, then you can always file for a modification of child support and payment of day care expenses based upon change of circumstances (her entering into the work force and supplementing the income available to care for the child).