Sent babysitter a letter

[knackered]

A few of you already know my background info on this and have gave me information on how the babysitting expenses are supposed to work/suggestions on what to do.

I will sum up the situation for others who aren't aware though to understand how I'm at this point.

Ex solely wrote a separation agreement in 2008. It said that there were no section 7 expenses at that time and when/if such occurred, ex was to notify me, provide me with receipt or other such proof, and I then had 20 days to pay my proportional share.

3 years pass, here we are June 2011 and ex tells me she wants me to start paying babysitting expenses. I told her "ok, just give me the receipts and I will pay" Ex refused to give me any receipts.

October 2011 ex gets a lawyer and files a motion for increase in child support and babysitting expenses.

I get a lawyer. In January 2012, we have one lawyer meeting and do an amendment.

Amendment states Commencing in January of 2012, the parties will share the child care expenses proportionately to their incomes. Bob's amount shall be 42.4% and Mary's portion shall be 57.6%. Mary will pay the child care expense and provide Bob with a receipt on a monthly basis. Bob will reimburse her within 20 days upon being advised of the amount owing. The parties will obtain their own separate receipts for the amounts they have each contributed. If Bob does not reimburse Mary within the 20 day period for his portion of the child care expense, Mary will be able to deduct all the amounts paid by her and pursue Bob for payment of the arrears in child care.

I don't think the lawyers wrote that well at all---it is too vague. Doesn't say that she will provide me with a receipt from the child care provider.

All she has given me is an e-mail telling me what I owe each month---by that amendment, do you think that passes as a receipt/is all she has to do?

I've requested her to start giving me receipts---she has failed to do so.

This week, I sent a letter by register mail to the babysitter, requesting her to give me the monthly receipts---and I haven't heard back from her yet about it.

If they both continue to refuse to give me receipts...what should I do?
Should I keep paying her without receiving any receipts? and just have my cheques as proof?

People have also told me on here that they are supposed to deduct her CCTB from any babysitting expenses that I would owe. Our lawyers did not do that. All they are deducting is $100 universal child care per month for what I owe/pay her monthly. Upon using the CCTB calculator and entering my ex's income from last year--She should be getting $211 CCTB a month, plus the $100 universal child care.

[Teenwolf]

All she has given me is an e-mail telling me what I owe each month---by that amendment, do you think that passes as a receipt/is all she has to do?

No, I don't view this as a receipt. The idea of a receipt is to prove what was paid. This proof comes from the daycare provider - not an email from the ex, unless the email contains an attachment of the receipt from the daycare provider.

If they both continue to refuse to give me receipts...what should I do? Should I keep paying her without receiving any receipts? and just have my cheques as proof?

Difficult question. Some will tell you no receipt = no pay and others will tell you to at least put the money aside and pay it when receipts are provided. I would talk to her and explain that your agreement requires a receipt for payment, and you'll involve the court system if she can't be reasonable about a simple requirement. Hopefully, that might get her to change her ways.

People have also told me on here that they are supposed to deduct her CCTB from any babysitting expenses that I would owe. Our lawyers did not do that. All they are deducting is $100 universal child care per month for what I owe/pay her monthly. Upon using the CCTB calculator and entering my ex's income from last year--She should be getting $211 CCTB a month, plus the $100 universal child care.

It's my understanding that CCTB is added to the CP's income for the purposes of calculating his/her S7 expenses. It's not a matter of subtracting the CCTB dollar-for-dollar from your share of child care expenses; it simply increases her annual income and increases her share of S7 expenses, thereby reducing your percentage of S7 expenses.

[court]

I definitely would not be paying without a receipt. She could be lying and having you cover everything. What is she going to do, take you to court and say "he won't pay because I won't give him a receipt!"?. She'd look like a moron. No receipt, no pay. That will get her sending those receipts.

[billm]

Do you believe that your ex is paying for day care?

[knackered]

I believe she's paying for child care...but I don't believe she receives receipts....as she wasn't able to provide a receipt for 2008, 2009, 2010....We got lawyers involved in 2011...January 2012---She finally produced one receipt for the whole year of 2011--lawyers told her she needed a receipt.

And now we are back to her not giving me any receipts.

My lawyer just sent me an e-mail saying ex's lawyer phoned her about me not paying for march break and some pd days.

My lawyer advised me to pay them.

I just wrote my lawyer back, stating that I have not received any receipts and ex didn't even notify me about the one pd day. The other one she notified me--I said I'd take them/asked if she'd drive them one way---she then told me I wasn't available because I wasn't doing all the driving.

[Teenwolf]

It's not prudent for her to pay for child care and not receive receipts. The obvious reason is so that the day care provider can't come back and say that money is owed. Another very important reason for day care receipts is for tax purposes. She may be eligible to deduct, dollar-for-dollar, every cent she pays in child care from her taxable income. CRA may ask for receipts, so it's important for her to get and file all her receipts.

Did you talk to your lawyer about her CCTB not being factored into her share of S7 expenses?

[knackered]

Just sent lawyer another e-mail asking for confirmation that the CCTB was included in the babysitting expenses. (From my documents all they mentioned was UCCB for that calculation)

Depending on what kind of response I get from my lawyer---like if she tells me to pay the babysitting expenses,knowing that ex is not following the amendment of giving me a receipt every month-----then I guess I should be looking for a new lawyer.

Because all my lawyer's original letter said was that ex's lawyer notified her over some babysitting reimbursements for the March Break/pd days that I didn't pay. Ex lied and said she offered those days to me and I was unavailable---truth is ex didn't even notify me about the first pd day. The second pd day, I said I would take the kids/asked if she'd drive them to me---and then ex just denied me all together.

And then lawyer said that she advises me to pay for the March Break and pd days.

(So my lawyer advised I pay before even hearing my side---so I've wrote back saying I haven't received one receipt yet and inquired about the CCTB)