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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #341  
Old 10-06-2016, 10:44 AM
Beachnana Beachnana is offline
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As a educator you know the importance of proper licensed daycares. How many times have we seen unlicensed daycares, particularly in PQ provide unsafe and inadequate care.

If your ex is intending to provide daycare services then She needs to provide them under licence so parents and children in her care are protected. Is she even trained in that field. Are her premises safe and adequate for children. Does she have safe sleeping arrangements for naps etc.

I understand you need to get on with your life and maybe it's just easier to take what you can get from her but honestly it's your moral obligation to ensure she is licensed and qualified to take care of other people's children. If anything goes wrong and you knew about her illegal daycare then you are part of the blame.

Of course OW will support her and pay for everything. They do not unlicensed daycares in operation.

I still believe you,should insist on everything being above board and registered and you should go to court to have this all set out and established.

Of course she is hoping you will again take any crumbs you can get and move on. Grateful that she has given you something.

Sorry for the rant. I had a friend who could not afford decent daycare and she and her child fell victim to the unlicenced daycare Underground and the outcome was not good!
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  #342  
Old 10-06-2016, 11:35 AM
rockscan rockscan is offline
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Like I said in my message LF32, you have to ask for the list of items from her. I would wager she has not discussed with her worker and has basically gotten info from either FLIC or her scumbag lawyer saying offer him min wage imputation. See what her response is. From there you can move forward. Youve got a week before your court date. Tell her you want the details by Tuesday or Wednesday to make an informed decision. Depending on what she says, you can then move forward with the motion. If anything you can argue that a) you didnt feel the facility was legitimate or safe and b) you werent comfortable endorsing the facility as a safe place for your daughter to be.
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  #343  
Old 10-06-2016, 12:29 PM
Beachnana Beachnana is offline
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^^^^^ Rockscan. As always nicely said.
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  #344  
Old 10-06-2016, 12:36 PM
stripes stripes is offline
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My advice would be to present her with an amendment to your agreement stating that a) going forward child support will be offset (wording has been suggested in previous posts), b) you will both provide confirmation of income once a year on a specific date for recalculation, c) what the new CS amount would be if she had an income of $21K. You can then move ahead with imputation if you choose (although do the math - how much additional money would you save if she had an imputed income of $40K vs $20K in an offset situation, and is that worth the time and effort?).

All the other stuff people are bringing up - whether her home daycare is licensed, is she reporting her income accurately to Ontario Works, etc - is not really your concern as a co-parent. If you have reason to suspect children are at risk of neglect or abuse in her home daycare, then you have to call CAS just like any person would. But beyond that, her financial arrangements aren't relevant to you.
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  #345  
Old 10-06-2016, 12:56 PM
rockscan rockscan is offline
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Hes asking the questions about her business so he knows its a legitimate self employment business. If she ran an office or consulting business he would ask for financial statements. Because she is running a daycare in her home, the likelihood of it failing for lack of license and proper contracts means he goes back to the payments. And if shes making 40 grand then yes it is worth it because it means no child support and shared costs for s7. Added to all that, if she can work at a real job for $40,000 to 50,000 a year and hes agreed to her being at $20,000 to avoid court, hes losing out annually and that means d5 loses costs that she could have for activities they cant afford because mom chooses to be under employed.
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