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So to summarize Ex and I are divorced with 2x kids, living with her and I have weekend access. I pay table CS but no SS. I filed a motion last year to vary the current access order get equal access. (I'm self-represented btw.) Fortunately for me OCL agreed, and surprisingly ex isn't fighting that.
The money issue comes up related to daycare. Since my kids are small (both in public school) and need before/after school care, ex (due to her income) has put them in subsidized daycare. The city where we live states that subsidies are allotted per household, based upon income and cannot be shared. When custody or access changes the city mandates that subsidy recipients update the subsidy office so their new access can be re-evaluated for a subsidy. When we start to use the same daycare I would have to pay for my time and ex (if she still qualifies) can use her subsidy.
By myself I wouldn't qualify for a daycare subsidy, not to mention the fact that I've remarried so I know 100% my household won't qualify for a subsidy. So subsidies are out for me. However, Ex is saying, "shhh, don't tell city access has changed" so she can keep her full daycare subsidy and everybody has "free" daycare.
I think Ex knows if I pay daycare, I could still come after her for her Section 7 percentage of my daycare costs. With the subsidy, the daycare costs are almost zilch.
Besides the moral issue of using a subsidy meant for poor parents when I have the ability to pay, this (to me) sounds like fraud. If it's criminal fraud I'm not sure, but it still seems like fraud in general. As such the City could do a clawback and either make her repay the subsidy fees that was for my access time with the kids or (worst case) cancel her subsidy and force a repayment of all subsidy fees. At which point I think she'd come after me for my Section 7 share for those costs. Since I earn more than her, 75% of those costs (should there be a clawback) could be mine. There's also the other reality where I think this arrangement will only last until (insert next argument topic here). At which point the same clawback etc. could apply.
Would you do this with your Ex?
Ex has had her lawyer sending me letters demanding I use her daycare subsidy. To date I've been saying no I'm not using her subsidy. However the letters keep coming.
What would you do?
RemarriedDadof2
The money issue comes up related to daycare. Since my kids are small (both in public school) and need before/after school care, ex (due to her income) has put them in subsidized daycare. The city where we live states that subsidies are allotted per household, based upon income and cannot be shared. When custody or access changes the city mandates that subsidy recipients update the subsidy office so their new access can be re-evaluated for a subsidy. When we start to use the same daycare I would have to pay for my time and ex (if she still qualifies) can use her subsidy.
By myself I wouldn't qualify for a daycare subsidy, not to mention the fact that I've remarried so I know 100% my household won't qualify for a subsidy. So subsidies are out for me. However, Ex is saying, "shhh, don't tell city access has changed" so she can keep her full daycare subsidy and everybody has "free" daycare.
I think Ex knows if I pay daycare, I could still come after her for her Section 7 percentage of my daycare costs. With the subsidy, the daycare costs are almost zilch.Besides the moral issue of using a subsidy meant for poor parents when I have the ability to pay, this (to me) sounds like fraud. If it's criminal fraud I'm not sure, but it still seems like fraud in general. As such the City could do a clawback and either make her repay the subsidy fees that was for my access time with the kids or (worst case) cancel her subsidy and force a repayment of all subsidy fees. At which point I think she'd come after me for my Section 7 share for those costs. Since I earn more than her, 75% of those costs (should there be a clawback) could be mine. There's also the other reality where I think this arrangement will only last until (insert next argument topic here). At which point the same clawback etc. could apply.
Would you do this with your Ex?
Ex has had her lawyer sending me letters demanding I use her daycare subsidy. To date I've been saying no I'm not using her subsidy. However the letters keep coming. What would you do?
RemarriedDadof2
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