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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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  #1  
Old 04-07-2010, 06:01 PM
kanan kanan is offline
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Default Fake Extraordinary expences Bills

My ex is asking for extra expenses for my 4 year old.
She has full custody of our child.
I have access & I am paying child support according to table amount but now she is asking me for babysitting expenses. According to her she pays $750 per month to different baby sitters. I know they are fake & she is also getting tax benifit from those now she is behind me and trying to get extra expence from me on the other side me & my wife ready to take care of child so that I do not have to pay ex expenses..
NEED SUGGESTIONs
thanks
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Old 04-07-2010, 07:29 PM
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You should be willing to take care of your child because he's your child, NOT to avoid the expense of someone else taking care of him. If you disagree with the expenses then make it known the legal way and ask for full financial disclosure - as long as you are willing to provide your accountability as well. Your child is your responsibility whether you pay for his expenses or not - that's right - HIS expenses, so step up and take care of your kid.

If you truly desire more time with him then apply to have your agreement amended but don't do it because it will cost you less. If you make a better wallet than father than just pay what you owe and try to see your child as a child rather than an expense and a burden.
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Old 04-07-2010, 07:59 PM
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My husband has an ex just like yours. We didn't have to worry about babysitting in the long run as his daughter was on the verge of turning 12 and the judge basically told her she should drop the issue. My strategy was going to be to inform the 'babysitters' that they would need to declare that income from babysitting on their taxes..I don't know if that would have made a difference but we were in the same situation and knew it was bogus.

Why does she need a babysitter? Ours said she had a job to go to but we discovered through google earth that the apparent business was out of a house, the whole thing seemed bogus and the judge seemed to agree. Might be another avenue to look into..

Good luck..
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Old 04-07-2010, 08:43 PM
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Quote:
Originally Posted by blinkandimgone View Post
If you make a better wallet than father than just pay what you owe and try to see your child as a child rather than an expense and a burden.
Sorry but ha, I like this one!

Anyways, if she's using babysitters that are not registered then she will not be able to use the receipts for income tax. It's actually probably cheaper to do it privately then to use a registered daycare.
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Old 04-07-2010, 08:44 PM
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Also, if she's 4 years old then she will probably be going to school full time in a year or two so just pay for the care!
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Old 04-07-2010, 08:53 PM
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Oh...and $750/month is not an extraordinary amount for full time childcare, that works out on average to $33/day based on 4.5 weeks/month. If you figure that full time childcare placement can be anywhere from 7 - 10 hours per day for someone working a full time job that averages $3.30 - $4.70 pay per hour for the person you're entrusting your child to.

If she is including amounts for babysitting outside of work hours - say in the evening when she goes out socially or to run errands - you wouldn't be responsible for a share of that. You would be responsible for a share of any childcare expenses related to work and that's it.

If she is getting receipts for taxes than the person who is giving her the receipts would have to also declare that as income so it is not in their best interest to provide fake receipts. If you think she is fudging the amounts she pays than ask for dated receipts as proof of payment.
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Old 04-08-2010, 08:58 AM
kanan kanan is offline
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Default Please advice...Any Law/regutaions for babysitters

None of the babysitters are registered.
Is there any law or rule in Canada that the babysitter must have some qualifications? was checking online that babysitter could be any one over the age of 16 years & usually they look after the child for couple of hours, but in my case my ex is saying that he goes to different babysitters foe 10 hours a day..
Please advice.. thx
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Old 04-08-2010, 09:43 AM
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Quote:
Originally Posted by blinkandimgone View Post
Oh...and $750/month is not an extraordinary amount for full time childcare, that works out on average to $33/day based on 4.5 weeks/month. If you figure that full time childcare placement can be anywhere from 7 - 10 hours per day for someone working a full time job that averages $3.30 - $4.70 pay per hour for the person you're entrusting your child to.

If she is including amounts for babysitting outside of work hours - say in the evening when she goes out socially or to run errands - you wouldn't be responsible for a share of that. You would be responsible for a share of any childcare expenses related to work and that's it.

If she is getting receipts for taxes than the person who is giving her the receipts would have to also declare that as income so it is not in their best interest to provide fake receipts. If you think she is fudging the amounts she pays than ask for dated receipts as proof of payment.
What Blink says is correct as far as costs for a private home daycare, this is not outrageous in any way.

About receipts, it is NOTcorrect that only a 'REGISTERED' provider can be claimed on taxes. There are thousands of home daycares that are not registered and thier services are deductible just like a registered facility. For any childcare expense to be deducted on income tax the there must be receipts or an annual statement provided by the childcare providers which shows thier SIN number or CRA will disallow the deduction.

This gives may provide you with a solution IMO.

I would demand that any receipts you are to pay for clearly show the name and address as well as the SIN number of the daycare provider. Most providers will hand out annual statements with their SIN# for tax purposes but being a separated/divorced couple I don't think it is unreasonable to request a monthly receipt with the SIN #, I doubt a Judge would view that as unreasonable either and if she refused to provide this you he/she may side with you.
A legit provider will be used to this but if the receipts are bogus the person will very likely be unwilling to sign worthless pieces of paper as they WILL be audited for failure to disclose income by CRA. Now that doesn't stop a friend of hers from giving her bogus receipts with thier SIN # and then neither of them actually deduct it on a tax return BUT if you believe that is the case you can call the provider and let them know you will report this to CRA just to be sure they are being honest. They will be investigated/audited and that's enough to scare most anyone away from being dishonest.
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Old 04-08-2010, 09:54 AM
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The CRA and a family court are two very different organizations with two very different sets of rules and proceedures.

To some extent you can use information and documentation from one to back up a claim for the other. But in this case, the fact that a babysitter is registered or not, the fact that the receipts are acceptable to CRA or not, the fact that is tax deductable or not, won't have anything to do with whether a judge would accept or reject the cost of childcare.

If you doubt the receipts, have someone independantly call the babysitter and ask how much she charges as though they want to hire her. Get this info in an affidavit and use it to show the actual amount she must be paying for childcare. This is about as much as you will be able to challenge.
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Old 04-08-2010, 12:29 PM
kanan kanan is offline
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Default fake-please advice

I know all the babysitter she mentioned are fake. My child tell me that she does not go to or have any babysitters. She stays with her grand parents or my ex''s sister.
Can I ask the Judge to order that I will be given the tax documents filed by the babysitter which I know are fake?
Can I ask the judge that the child be sent to a registered day.
What are the best documents I can get to prove that the babysitters are fake?
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