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  • Section 7 - Babysitting

    So here is another Question ...

    For 3 years of fighting with lawyers - separation agreement takes into account all past babysitting expenses, support etc. For one year afterwards I have asked for proof of working - received none. Paid babysitting fee's for about 75% of what was asked for by the ex. (bad receipts, difference in the amount of kids that were abbysat yet charges stayed the same. Receipts sometimes came in at 75% of the requested amount. Failure to notify of upcoming baysitting (as per agreement).

    The ex has only filed a $300 in over the course of these years as a babysittign expense on her taxes, albeit having asked for her to do so.

    I have called the CRA - I cannot claim babysitting expenses - kids (3 of them) are dependents to her, she is the lower income earner, etc - I have told her this and that she needs to claim babysitting.

    My position at this point is thus - I have paid for 4 years of babysitting expenses. All expenses can be claimed, but must be claimed by her in the amount of the "receipt". I am entitled to the tax credit whether she files or not (as I cannot make her file for this). I have not asked for any money back - I have asked that the amount she gets back (which is unknown as not filed) that my percentage be rolled forward for the next bunch of years towards babysitting. I have asked for proof to reconcile babysitting to work schedule (was told no), have had to have receipts "re-done as the amount was wrong.

    Her position is that if she does not claim it - tough - I am still required to pay. She will be seeking tax advice on whether she can claim the full receipt because she was re-imbursed by me and considers it "double dipping". The first three years while there was gfighting that she does not recognize that as paying babysitting in the final of the divorce, and that it was never paid - well that it shall not count.

    I believe that I have paid babysitting and just roll it forward, she believes that whatever she can do to keep having me pay would be ideal.

    Opinion's / Questions / Comments ....

  • #2
    Clarify "babysitting" for me.

    Is it:

    a) babysitting aka daycare while each parent is at work;

    b) babysitting aka, ex is out for a night on the town with her girlfriends and hires a babysitter; or

    c) babysitting aka mom has to work, but dad is otherwise available to look after the kids.

    If it is a, then that isn't babysitting that is daycare and is a section 7 expense. Edit - if your agreement provides that you are entitled to claim a portion of the said amount from her tax return, and she is refusing to file or, alternatively trying to find a way to claim it all herself, I think it would be a matter for small claims court.

    If it is either b or c, I tell the ex:

    for b - get bent. You are under no obligation to cover costs of babysitting and should she have wanted some time away from the kids, she could have called you.

    for c - See B above. If your ex is working and you are otherwise unable to care for the children (assuming she offered the kids to you), it is her responsibility to find adequate care for the kids.

    My agreement provides:

    Right of First Refusal – Mom and Dad believe it is in the child’s best interest that the child spends time with their other parent rather than a third party. Accordingly, if either of Mom or Dad cannot care for child, dad or mom will notify the other party and give each other the opportunity to do so. If the notified parent cannot care for the child, the other will make childcare arrangements at their own expense.

    Personally, I see no reason why you should be footing any part of the bill for babysitting. Especially if the cost of such babysitting could have easily been mitigated if your ex had offered you the time with the kids instead of hiring a 3rd party.
    Last edited by HammerDad; 03-11-2011, 05:40 PM.

    Comment


    • #3
      If your ex is using an unlicenced, home-care for day-care, then she might not be receiving receipts to claim on income tax. The "babysitter" could be being paid "under the table" as it were. Thus your ex doesn't have receipts to claim babysitting on her income tax return. The receipts might not be "real".
      I'm assuming you mean babysitting for daycare? Which is a S.7 expense.
      My ex won't take the kids for any extra time than what is described on the court order. I've suggested he take them when I had other obligations (jury duty). He refused, even though he was unemployed at the time. And he wouldn't pay for "baby-sitting"/day-care and I was then too cowardly to go after him in court for it so I could work.

      Comment


      • #4
        I mean the below S.7 expenses ... the rest - no way, but these are the ones in "disagreement" - and specifically to the tax credit portion that she should be claiming but has not. I deem it as that it is easier (as well as her way) to want me to continue to pay instead of taking the tax credit ...

        child care expenses incurred as a result of the custodial parent’s employment

        Comment

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