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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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Old 03-26-2013, 10:17 PM
FightingForFamily FightingForFamily is offline
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Default Ex starting home daycare - charging me

Our son is starting school full-time next September.

According to our divorce order, she is entitled to spousal support until then.

She just sent me notice that she has decided to start a home daycare rather than return to work outside the home. She says she is doing so so that she can be home to look after our son after school. He is high functioning autistic and she doesn't want to put him in an after school care program.

She is now planning to charge me her daycare going rate to look after our son. This is in addition to spousal support and full table child support I am already paying.

I had offered to pay her a small extra amount monthly while she gets her daycare up and running, but she is trying to enroll her own child as a "client" and charging me for it.

Thoughts?
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Old 03-26-2013, 10:33 PM
paris paris is offline
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I don't think you really need any help on this do you?

I have to ask some of you guys here... where did you find these women?

Seriously!
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Old 03-26-2013, 10:33 PM
dad2bandm dad2bandm is offline
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haha.
Did she offer that in writing to you? I hope so...please keep it for court or future reference.
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Old 03-26-2013, 10:39 PM
SadAndTired SadAndTired is offline
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She wants you to pay her during her parenting time? Outrageous.

I don't know that she can legally charge you but it certainly can't be claimed as a deduction for you. At the bottom of the first page it states that you cannot claim that deduction if the person caring for the child is a parent/relative. It makes me think she cannot charge you. I think it was generous of you to even offer to help while her daycare gets started.

http://www.cra-arc.gc.ca/E/pbg/tf/t778/t778-12e.pdf


Here is the CRA guidelines for home based daycares. The biggest problem for many is that you need to be properly insured. She needs to let her home owners'/renters' insurance know that she is caring for other peoples' children on her property.

http://www.cra-arc.gc.ca/E/pub/tg/p134/p134-12e.pdf

Hope it works out for you.
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Old 03-26-2013, 10:44 PM
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arabian arabian is offline
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In our province you have to be licensed.

Look on the bright side - if she's making money your numbers will change. Charging you for looking after her own kid? Perfect and useful information will be gleaned from this for court.

sometimes people just need to be given enough rope to hang themselves. I wouldn't interrupt her on her quest at this time. Get business cards printed for her!
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Old 03-26-2013, 10:46 PM
mom2three mom2three is offline
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Quote:
Originally Posted by FightingForFamily View Post
I had offered to pay her a small extra amount monthly while she gets her daycare up and running, but she is trying to enroll her own child as a "client" and charging me for it.

Thoughts?
She does this because you let her. That isn't meant to sound nasty but that first sentence above speaks volumes! You don't offer ANYTHING. You pay what you are required; no more and no less. You relationship with her is strictly a 'business' one now. Remember that.

I wouldn't even discuss it with her anymore. If she wants MORE money then let her bring a motion to change and let her explain it to the judge. Man, I would love to read a judges decision on that one!
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Old 03-26-2013, 10:48 PM
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hadenough hadenough is offline
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Well that's "different" - crikeys!

I'm speechless.
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Old 03-26-2013, 11:08 PM
FightingForFamily FightingForFamily is offline
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Thanks, I kept my post neutral but when I received her e-mail I both laughed and seethed.

I fully intend to follow our agreement and keep up on all my legal obligations. She admitted in writing her daycare is already up and running. I don't think I'll pursue a motion to change right now since spousal support is ending in 5 months anyways... no need to escalate conflict.

But yes, she really is only hurting herself by trying to take such advantage of my "kindness" to kick her some extra child support while she gets her home business running.
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Old 03-26-2013, 11:19 PM
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arabian arabian is offline
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I believe it would be acceptable for her business to pay rent. Better yet, have her sign a lease.
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Old 03-26-2013, 11:21 PM
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Rioe Rioe is offline
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She sees the end of her SS in a few months' time and is just acting out of desperation. But at least she's got employment now.

And I agree with mom2three, you can't be giving her any kindnesses; she'll just see a chink in the armour and next thing you know she's demanding all kinds of things. She should just be happy you aren't making a motion to stop SS early due to her change in circumstances!
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