Still no child care receipts

[knackered]

Is it worth going to court over child care expenses---if the mother is paying babysitting under the table and claiming it on her taxes, but has no receipts?

My ex requested that I start paying babysitting fees. I told her I would pay, upon receiving the receipts. (Because she is claiming it on her taxes, she would need receipts)

We are going on 7 months now, having lawyers involved, and still no receipts on her part.

What does a judge usually rule in these situations?

[standing on the sidelines]

to me if you asked for the receipts and she failed to provide them then i think the judge (hopefully) will say when she provides the reciepts, you will pay your share,.

[Teenwolf]

to me if you asked for the receipts and she failed to provide them then i think the judge (hopefully) will say when she provides the reciepts, you will pay your share,.

Agree with this. Receipts = proof of payment. The courts like proof.

[AngieJ]

My X and I each pay the daycare for our respective weeks (my week with kids I pay, his week with kids he pays) much easier for us and this way we get the receipts separated directly from the daycare.

Is paying the babysitter directly an option for you, then you can claim your portion of the care you paid on your taxes.

Angie

[Berner_Faith]

We are going through the same issue with my bf's ex...she kept asking for him to contribute but when he asked for receipts she never had any... reason being...her sister was actually watching the kids free of charge...once this was found out, she started paying her niece (I think) to watch the child... we eventually got a "receipt" that said...

Child care: $746 and it had the months... there was no name on this receipt, it was not signed and it didn't even specify who it was for... they also couldn't add because if you added up what the months stated and the total they provided... their total was actual $63 over.

We responded and ask that we receive something that has come directly from the care giver, WITH signature, as well as specified date/times (we were not paying for when she put the children in babysitting so she could go out on the weekend).

To date (3 months later) we still have not received updated amounts... Make sure you implement that all Child Care is reduced by the amount of CCTB the ex receives...because lets face it...that is what they are for.

I would suggest however, every time she says "you owe x amount" bank that amount until she provides receipts... if this does go to court you may be ordered to pay if she can provide receipts... better to have it to pay then hurt your pocket book because you were not prepared.

[Teenwolf]

Child care: $746 and it had the months... there was no name on this receipt, it was not signed and it didn't even specify who it was for... they also couldn't add because if you added up what the months stated and the total they provided... their total was actual $63 over.

This is definitely a problem - creating BS receipts. If disputing this in court...I'm wondering...is it reasonable to drag the niece into court for cross-examination and ask her to produce her income tax return and find out what she actually claimed for income as a babysitter?

[Berner_Faith]

We are not in court...and I highly doubt this will end up in court. It was for 7 months and once you take the CCTB she receives, this bring the total to be shared to $46 and seeing as he is responsible for only 1/3...$15 doesn't seem like its worth her taking him to court...especially when she can't provide actual receipts.

[knackered]

Berner_Faith, your situation is very similar to mine!

My ex gave me a piece of lined paper at one point with a bunch of random numbers she had written for weeks/months.
I told her that I did not believe that was an acceptable receipt/proof. I asked her to get the child care provider to sign it and she refused.

A few months later she got a lawyer over it.
I also got a lawyer.

We recently had one 4 way meeting. I suggested paying the child care provider directly, and the ex refused, stating that the child care provider would not like that.

When my lawyer and I asked for receipts. She said that she only gets one receipt at the end of the year and she gave it to Revenue Canada. (Very unlikely--as you are not supposed to submit receipts when filing, you simply keep them, in case they ever ask for them.)

There was discussion back and fourth with the possibility of me paying her monthly towards babysitting, her giving me a receipt at the end of the year.

My lawyer told her that at the end of the year, if she did not produce me with a receipt, she would be charged with fraud. (I am not comfortable to even chance it though--why would I give her monthly payments in "hopes" that she will give me a receipt----I have told my lawyer that if she's going to give me a receipt at the end of the year, that I will pay her at the end of the year, upon receiving the receipt)

Does anyone know if it is within my right to ask for a signed affidavit from the child care provider, stating that she is indeed claiming her babysitting income?

Also what do you mean CCTB can be deducted from babysitting expenses---so Child tax benefit and universal child care can be deducted? or just universal child care?

My ex cannot be trusted when it comes to this type of stuff. She also scammed me using Family Responsibility Office. There were times that I paid her child support with cash (stupid now, I know!) and I also gave her some cheques.
After collecting this money from me, she contacted FRO and told them that I had never paid her. They began garnishing my pay cheques.

I sent the cheques to FRO a couple months ago as proof of some of the amount that I had paid her/she lied to them.

Recently, I received a letter from FRO telling my employer to stop garnishing my wages and sending her support until further notice.

I don't know if this is the cheques catching up to her, or if she was able to cancel FRO entirely on her own somehow? (I always thought to cancel with FRO, you both had to sign a withdrawl notice)

[Teenwolf]

Does anyone know if it is within my right to ask for a signed affidavit from the child care provider, stating that she is indeed claiming her babysitting income?

This is what I was hinting at earlier. It's easy for a family member or friend of your ex to make up a bogus receipt. Can you ask for a signed affidavit from her? I'm not sure. What has your lawyer said? Even if you can, people lie in affidavits all the time, so I'm not sure how effective it would be. A copy of the person's income tax return, showing little or no claimed babysitting income, would at least question the credibility of the babysitter.

Also what do you mean CCTB can be deducted from babysitting expenses---so Child tax benefit and universal child care can be deducted? or just universal child care?

For S7 expense calculations, your ex's income includes the amount she receives in CCTB. So, any amount she receives in CCTB will increase her proportionate obligation towards S7 expenses and lower your proportion.

[Berner_Faith]

The way my bf's agreement is written is that for babysitting expenses she must subtract any benefits she received before asking him for a portion. This has basically eliminated any cost he has had to pay, because she does not spend more than $200 in babysitting in a month (as stated she has a family member babysitting)

He also requires the Name, address and all contact information for the children's babysitter... on more than one occasion he as stopped by the babysitters when he has been in town to take the kids for lunch... I know this is not always feasible for everyone, but I would get the name and all contact information for the babysitter.

I have never heard of ANYONE who only issues receipts once a year? If this is the case, I would request to pay the babysitter directly for your portion and ask that they just sign a receipt... you can get a receipt book at the dollar store, write what it is for and request that babysitter sign at the time of your payment.

This whole babysitting thing goes along with extraordinary expenses too, and providing false receipts.

[beebie]

If mother doesn't provide all the information of the babysitter including their SIN #, CRA seems to audit (or they did to me ten years ago).

Also , you don't need to force the neice or whoever to swear they are babysitting because one of the parent's tax schedules will have this information and you can see what they claimed for day care. And they are supposed to produce all of the tax schedules (strictly speaking although it seems few people do).

[Teenwolf]

I have never heard of ANYONE who only issues receipts once a year?...

My GF's current babysitter, and the last one, both only provide a yearly receipt during tax season (typically Feb or Mar).

If mother doesn't provide all the information of the babysitter including their SIN #, CRA seems to audit (or they did to me ten years ago).

Also , you don't need to force the neice or whoever to swear they are babysitting because one of the parent's tax schedules will have this information and you can see what they claimed for day care. And they are supposed to produce all of the tax schedules (strictly speaking although it seems few people do).

That's a good point. Take note of what the ex claimed for daycare on her tax return and see if it all ties in.

[HammerDad]

What is the babysitting for? Is it to allow her to work or is it to allow her a night out with the girls? Because only one of those things would be something you would be required to cover.

If the caregiving is so that she can work, advise her that you will pay all amounts owing directly to the caregiver upon receiving a receipt. If you can contact the sitter, let them know that they can provide you with a receipt showing hours worked, rate and all the other necessary informtion and you will pay them directly. Let them know this should help them in the long run get paid faster, as it will cut out your ex as a go-between.

[Berner_Faith]

My GF's current babysitter, and the last one, both only provide a yearly receipt during tax season (typically Feb or Mar).

That wouldn't be good enough for me...whenever I give anyone money I expect a receipt right then and there...what happens if they deny you ever paid them? I would be asking the babysitter for a monthly receipt before any payment is received.

[Teenwolf]

That wouldn't be good enough for me...whenever I give anyone money I expect a receipt right then and there...what happens if they deny you ever paid them? I would be asking the babysitter for a monthly receipt before any payment is received.

Fair enough.

The GF protects herself by paying via cheque only. That way, the GF has a record of all the payments. If there's ever any dispute, she'll just pull the cheque images, which show the cashed cheques issued to the babysitter. Each cheque also indicates in the memo section that it's for babysitting and the applicable time period.