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Daycare payments

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  • Daycare payments

    I am new to this site and am looking for some legal help. I am currently paying 50% of the gross daycare costs for my son. During our previous case conference I requested that it not be 50% as the ex receives $1200 yearly, from the govt specifically for daycare, and also receives a tax benefit at year end. On the advise of my lawyer at the time, now I see how bad he really was, I agreed to pay 50% of the gross daycare costs because he said I was responsible for this amount. Now, 2years later, I find out that I was only responsibe for a portion of the daycare costs incurred by the ex. My ex actually made money from my expense, she claimed all the daycare expenses incurred by both her and me on her tax return, and received the $1200 daycare benefit. Does anyone know where I can find the calculation to determine exactly what my daycare proportion would be? Can I seek an order requesting that this new calculation be retro to what was already paid? And to top it all off, I have yet to receive a complete t4 as outlined in our court order but continue to pay daycare payments as I know it would only effect the lifestyle of my son. Any help is greatly appreciated.

  • #2
    She has to provide you with her income and it could be annually if it is stated in the court order and if she requests an annual financial statement from you. We were informed today by our laywer that soon this will be mandatory for child support orders.
    I don't think there is anywhere you can go and see how much your portion should be. You would have to put in a request to the courts and then a Judge will tell you how much you have to pay based on both of the financial statements. If you file with the courts she will have no choice but to provide her income which she should have anyways.
    Depending on what her income is vs your income, then they will take into consideration your child support payments and what she is making off the government each year as well as what she recieves back on income tax due to daycare. You will not have to pay 50% that's for sure.. unless her income is ridiculously low.
    I say go and file an application with the courts. It's probably the only way you will get her to provide her income and that way a Judge will just tell you what you're portion will be.. which again I doubt will be 50%.
    Good luck!


    • #3
      First you should be paying the net daycare costs, not the gross. Second that 1200 daycare benefit she gets? It sounds like the UCTB which, sad to say, is not included in the daycare calculation although it should be added to her income when determining the percentage each of you pay. How the calculation should work is: she determines what her tax return is without daycare and then what it is with daycare. Whatever difference it makes is deducted of the gross daycare costs. You each then pay your pro rata share based on your incomes. To determine your proportion, add together both of your gross incomes (line 150). Divide your income by the total amount. Whatever that percentage is, is the percentage of the net daycare costs you are responsible for.


      • #4
        The 1200 is counted on her income tax return as taxable... You should be getting a receipt from the daycare showing the amount that you have paid for daycare and then claim that amount on your taxes. If you have 50/50 custody then the daycare is proportioned to income.


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