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  • #31
    Your lawyer works for you, not the other way around. You either mean to enforce the order as written, or you do not.

    Pick one and then act accordingly.

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    • #32
      Originally posted by knackered View Post
      I pay proportional babysitting fees to my ex. I cannot claim what I pay at tax time.

      Can my ex claim my fees that I paid, as well as her own fees? Or can she only claim her own fees?
      She is the only one that can claim it on the taxes. However, how this is supposed to work is as follows (using nice round hypothetical numbers):

      You make $60k per annum
      Your ex makes $40k per annum

      Your proportional share = 60%

      Your ex receives $100 per month for child care (this is also taxable as income, and I have figured it into her $40k).

      Child care = $500 a month for an aggregate amount of $6k per year.

      She deducts the $6k from her tax and gets an income tax rebate in connection with the deduction of $1200.

      So, child care costs are actually:

      $6k (cost) - 1200 (Child care tax benefit) - 1200 tax rebate = $3600 of which you pay 60% of, thus your obligation is $180 per month of the $500.

      See, you only pay your proportional share on the ACTUAL COST of child care. If you do it where you pay based off of a before reduction basis, you would be entitled to 60% of the ex's tax rebate.....and good luck getting that.

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      • #33
        HammerDad you are so smart! Wish you were a lawyer and could be my lawyer in the B-courts downtown. I'm going to be on my own. Well, OSB will be present too. Anyway, I'm sorry to divert from this thread. Over and out.

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        • #34
          Hi There,

          This has happened to us before as well, early cheque cashing...If the cheque is put in through the bank machine they usually process it. We stopped giving my husband's ex cheques and pay by interact money transfers. Great way to track and also send a email verifiying she accepted the money.
          This way you send the day it's due and don't need to worry about these issues. Costs money $1.50 at BMO, but well worth it.

          Comment


          • #35
            HammerDad is absolutely correct. When my bf and his stbx started this whole process, the ex wanted him to pay babysitting... when they split her sister had been watching the 2 children and they barley paid her babysitting, she did this as more of a favour for them as she had a small child at the time and was still on mat leave and working on opening up her own day care...

            When the divorce process happened, she wanted babysitting fees, he had no issues paying his share, however he knew she was not paying hers... his lawyer requested the name and SIN# of the babysitter, as well as financial disclosure... stbx was claiming $700 and something in babysitting fees for 7 months... well the lawyer then went back and requested the amount be reduced by the child care tax benefit... the stbx and lawyer came back and said she was not seeking any babysitting payments for 2011/2012.

            You do get the tax break in the way HammerDad explained...

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            • #36
              The ex never disclosed any child tax benefit info at the 4-way meeting when they calculated our proportions. (Whether her lawyer did it/I didn't see it, I don't know?)

              The only thing that was brought up was her UCCB. Ex receives that for one of our children. So each month when she gives me the child care amount, we deduct that $100 off and then calculate my 42.4% proportion. I am paying anywhere from $203 a month to $339 a month for babysitting expenses to her. Does this sound normal?

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              • #37
                Berner_Faith...I know you've told me this information before....and I wrote an e-mail to my lawyer right afterwards telling her I wasn't confident that they included ex's child tax benefit in to the calculations/ I wanted confirmation that it had been included.......I never heard a response about it.

                Recently I had a phone conversation about it with my lawyer too....she said she could send an a letter to ex's lawyer requesting all of that information right now...but I just said I'd wait until the end of the year at tax time to start fresh for next year.

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                • #38
                  And yes $700 and something in babysitting fees for the year is nothing. My ex claims almost $10,000

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                  • #39
                    Why can't you pay your portion directly to the daycare provider and request that she provide you receipts for your portion paid?? Don't leave this in her hands as I'm sure she is getting a big refund back from Revenue Canada.

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                    • #40
                      The proportional share is strictly based off of income.

                      But she gets to write off child care. Thus reducing the actual cost of child care.

                      By your numbers, child care varies from about $600-900per month. You then deduct the $100 UCCB, leaving $500-$800 to split proportionally, 42.4 to you for $212-339.20.

                      But she is able to write off child care, the entire amount. So if I average out the 500-800, it works out to $650 per month x 12 = 7,800. Even if she gets 15% of the 7800 back, that is 1,170, reducing the actual cost of child care to 6630.

                      So you take the $6630/12 = 552.5x42.4% = $234.26 you should be paying on average.

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                      • #41
                        I've also wrote about the current situation with summer babysitting as well.

                        Current Summer child care is unnecessary for our children.

                        Ex works 6:30am-3:00pm. I work 3:00pm-11:00pm. Ex is waking the kids up at 5:30am/taking them to a babysitter and leaving them there for 9 hours every day.

                        I've told ex that I will pick them up from her at 6:00am every morning before she leaves for work (she's waking the kids up now at that time anyways---so it makes no difference) I would then bring the kids back to my house and have the whole day with them.
                        I leave for work at 2:45pm. My GF would be here to watch the kids for the 30 minutes or so that it would take ex to pick them up when she finishes her work shift at 3:00pm.

                        Ex is refusing it.

                        My lawyer said we are going to ask for me to have the kids in the Summer....since ex only let's me have them every other weekend during the school year. Why should they be in babysitting all summer, when they could be at my house/not in babysitting.
                        She said if ex refuses....then we will file a motion on it....lawyer thinks there should be no problem with me getting them for the Summer given this situation.

                        Comment


                        • #42
                          Originally posted by sassie77 View Post
                          Why can't you pay your portion directly to the daycare provider and request that she provide you receipts for your portion paid?? Don't leave this in her hands as I'm sure she is getting a big refund back from Revenue Canada.
                          Babysitter and ex refuse to let me pay her directly and receive receipts.
                          That's what doesn't make sense to me....I have had no issues with babysitter ever.
                          I've dropped the kids off there and picked them up from there many times when asked by ex.
                          I always thought babysitter was nice, we always had pleasant conversation.

                          After amendment was done, I sent a letter to babysitter with a receipt book(as advised by my lawyer), asking that she provide me with the monthly receipts.

                          The babysitter didn't even respond back to me. Instead she gave the receipt book to my ex. My ex then gave me the receipt book back and said "You don't need to get the babysitter involved, you will get a receipt from her at the end of the year!"

                          Comment


                          • #43
                            Originally posted by HammerDad View Post
                            The proportional share is strictly based off of income.

                            But she gets to write off child care. Thus reducing the actual cost of child care.

                            By your numbers, child care varies from about $600-900per month. You then deduct the $100 UCCB, leaving $500-$800 to split proportionally, 42.4 to you for $212-339.20.

                            But she is able to write off child care, the entire amount. So if I average out the 500-800, it works out to $650 per month x 12 = 7,800. Even if she gets 15% of the 7800 back, that is 1,170, reducing the actual cost of child care to 6630.

                            So you take the $6630/12 = 552.5x42.4% = $234.26 you should be paying on average.

                            Thanks Hammerdad....that is basically what I pay on average! So I really shouldn't have anything to worry about/questioning the calculations!


                            Now starting in September, she informed me she's changing to rotation shifts, so I'll have to start paying more for babysitting based on the two weeks she's on afternoon shifts, as babysitter will have both children during that shift. (During day shift, she only has one of our children in the afternoon, as the other one is at school full-day)

                            Its' going to suck for the kids having to stay up until 11:30pm at the babysitters/wait for Mom to pick them up. (I don't think it's right...but hey I'm biased....if it was me, I'd have a sitter come in to my house though)

                            It also seems that every time prices should go down for me on something(babysitting normally isn't as much during school year for me with kids being in school)...ex does something like this/such as changing her work shift to make me have to pay her more.

                            For example on her current work schedule of the past 2 years, next year...babysitting fees would have been quite low as both kids would be in school all day then. Kids would only be at babysitters early morning before school.

                            Now she switches work shift so kids have to go to babysitters for 2 weeks in afternoons after school.

                            Kind of funny too because not long ago I asked to pick the kids up early one day and ex said "You will still have to pay babysitting, as this is the babysitter's source of income and we have to respect that"

                            (I'm almost wondering if babysitter told her she would not care for the kids just the morning before school/she would have lost babysitter next year....so that's why she's done this now, just to keep the babysitter)

                            Comment


                            • #44
                              My numbers were using a very conservative 15% rebate amount. If it rebate is higher, it would effect the numbers.

                              Comment

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