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  • Overtime babysitting?

    So we've finally got an amendment to our separation agreement regarding babysitting.

    My next question is what is the norm? Do I have to pay when she chooses to work overtime? or when she chooses to leave work and go somewhere else before picking our children up from the babysitters? What about when she doesn't go to work, but still takes the children to the babysitters just to have a free day to herself?

    We have always had a right of first refusal clause and she has never followed it. Hopefully she will start now that we've done this recent amendment.

  • #2
    Originally posted by knackered View Post
    So we've finally got an amendment to our separation agreement regarding babysitting.

    My next question is what is the norm? Do I have to pay when she chooses to work overtime? or when she chooses to leave work and go somewhere else before picking our children up from the babysitters? What about when she doesn't go to work, but still takes the children to the babysitters just to have a free day to herself?

    We have always had a right of first refusal clause and she has never followed it. Hopefully she will start now that we've done this recent amendment.
    Generally "babysitting" is not an S.7 expense. Was this through agreement or through an order of the court?

    Comment


    • #3
      It is a section 7 expense if it is necessary for work and work alone.

      If you are available and she does not give you the right of first refusal, I would not pay that either.

      Comment


      • #4
        My bf had the same issue with his ex...
        He has requested his ex provide a breakdown of dates/times the children are at a sitter...this is day by day, at first he was receiving a weeks ending report, however he never knew if this includes weekends, when she doesn't work... since this... his contributions to childcare have decreased. Also remember, if the ex receives UCCB the amount of babysitting should be reduced by that amount and then split proportionate to income.

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        • #5
          Originally posted by billm View Post
          It is a section 7 expense if it is necessary for work and work alone.

          If you are available and she does not give you the right of first refusal, I would not pay that either.
          Generally it takes a judge to get it to be decided "necessary for work and work alone" though. So if made on agreement I would agree with your point #2 "does not give you the right of first refusal, I would not pay that either".

          Interested to see if this is on agreement or by court order. S.7 expenses are a gamble in court often.

          Good Luck!
          Tayken

          Comment


          • #6
            Yes it is a section 7 expense.
            She had me sign a separation agreement that she and her family wrote back in 2008 when we split. It stated that there were no extraordinary expenses, if such were to arise--such as child care, she was to notify me, provide me with receipt, in which I had 20 days to pay.

            She informed me of babysitting expenses in 2011, but refused to give me any receipts--she just expected me to hand her over a monthly amount of her choice. I told her not without receipts.

            She got a lawyer, they filed a motion for the babysitting expenses.

            I got a lawyer.

            She wanted to put me in arrears to 2010----I stood my ground, saying I would not pay 2010 without receipts, they admitted they had no receipt...so I said either take that year out, or I'm going to court over it. They took 2010 out.

            It took them 7 months to give me a receipt for 2011---so I am back-paying all that.

            She refuses to let me pay the babysitter directly....I believe there has always been a sketchy arrangement between her and the babysitter---most likely she pays under the table(my son told me that she always pays in cash), claims it on her taxes, gets the tax deduction....but the babysitter doesn't claim it as income----This is why she refused to give me a receipt for 7 months---once she got the lawyers involved, I believe she must have had to tell the babysitter the mess she had got herself in to and that they need to do things legal this year--because magically the babysitter finally gave her a receipt for the whole year of 2011.

            My ex works a Monday-Friday job, same shift every day-----yet she is putting a different price for babysitting every week ranging anywhere from $130 a week to $230 a week......this should not be possible when she has the type of job/hours she does.

            Comment


            • #7
              We did not go to court....this was all done through lawyer negotiations out of court.

              Comment


              • #8
                Originally posted by knackered View Post
                Yes it is a section 7 expense.
                She had me sign a separation agreement that she and her family wrote back in 2008 when we split. It stated that there were no extraordinary expenses, if such were to arise--such as child care, she was to notify me, provide me with receipt, in which I had 20 days to pay.

                She informed me of babysitting expenses in 2011, but refused to give me any receipts--she just expected me to hand her over a monthly amount of her choice. I told her not without receipts.

                She got a lawyer, they filed a motion for the babysitting expenses.

                I got a lawyer.

                She wanted to put me in arrears to 2010----I stood my ground, saying I would not pay 2010 without receipts, they admitted they had no receipt...so I said either take that year out, or I'm going to court over it. They took 2010 out.

                It took them 7 months to give me a receipt for 2011---so I am back-paying all that.

                She refuses to let me pay the babysitter directly....I believe there has always been a sketchy arrangement between her and the babysitter---most likely she pays under the table(my son told me that she always pays in cash), claims it on her taxes, gets the tax deduction....but the babysitter doesn't claim it as income----This is why she refused to give me a receipt for 7 months---once she got the lawyers involved, I believe she must have had to tell the babysitter the mess she had got herself in to and that they need to do things legal this year--because magically the babysitter finally gave her a receipt for the whole year of 2011.

                My ex works a Monday-Friday job, same shift every day-----yet she is putting a different price for babysitting every week ranging anywhere from $130 a week to $230 a week......this should not be possible when she has the type of job/hours she does.
                1. If you have a receipt you have proof of income.

                2. If you have any concerns regarding the legality of the service provider possibly avoiding taxes it is your responsibility as a citizen to report it to be investigated to the CRA.

                3. Provide the receipt to the CRA and a description of the situation. This is fully anonymous and will be investigated.

                4. Continue to pay and let the proper government authorities deal with the situation if the conduct is against the tax laws. It isn't for you to determine. Just to report the conduct. They will verify it and act accordingly. (they=CRA)

                Good Luck!
                Tayken

                Comment

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