Child Care receipts: seems like something isn't adding up

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"We might just have to email that word for word, Mess. Thank you. Can I just ask that this does apply even though we have access not joint custody?"

This is the ? I would like answered.

I'm starting to believe all this stuff is only for parents who have Shared Custody or 40/60 split.

I have another family member who is in an access situation too--The child care facility bills him directly/he pays his share directly to the child care. But the Mother gets to claim the full child care amount paid on her taxes and receives the full benefit/ does not give him a share of it.

When I was having all my rants on here in the past about my situation--people were telling me that her CCTB was supposed to be factored in to it.

My lawyer has told me that because she is the primary parent (We don't have shared or 40/60 split....I have them EOW and holidays and take them any extra time she will allow me to) that her CCTB does NOT have to be factored in.

Currently my ex has still not provided me with the 12 monthly receipts proving she paid a child care provider for each monthly amount I paid my share of.

She has asked me to give her the amounts I paid so that she can get the babysitter to write me a receipt/so there are are no errors on the amount the babysitter writes. She says this receipt is for me to claim at taxes.

I wrote her an e-mail explaining to her that I cannot claim child care expenses on my taxes so a receipt from the babysitter is not necessary. (I also have never paid the babysitter directly or been billed by the babysitter--so why would she give me a receipt?)
And I told her that she still needs to provide me with 12 monthly receipts addressed to her/signed from the babysitter for each monthly amount she paid...proving that she was entitled to the amounts I paid her for my share. I told her that I will not tell her the amount I've paid---as I still have not received any proof from her that she was entitled to receiving those payments from me.

( I asked her all year for the receipts...I also sent her babysitter a letter and receipt book asking her to provide the receipts/explaining our agreement...the babysitter ignored it/the ex gave me the receipt book back a week later and said "Keep the babysitter out of this!")

Clearly they are hiding something if they both refused to provide monthly receipts!
 
Knackered,

I've been searching through cases on Canlii.org and have come across a particular case in which the payor had access and the payee had sole custody. In this particular case the judge stated that, "any income tax deduction relating to daycare expenses must be taken into account in calculating the claimed expense under section 7." Reading through, I've gathered that regardless of what your custody arrangement is, this rule still applies.

Here's the link - CanLII - 2012 ONSC 3254 (CanLII)
Take a look...
 
Thank you everyone for all of your help! This forum has been so incredibly informative and of great help. Everyone has been so great. Thank you.
 
Knackered, regardless of whether it is shared or sole custody, the amount of the section 7 expenses is the amount that is actually paid. The tax return has to be deducted from this amount. Unfortunately this is not explicitly stated in the legislation but there is some case law to support it. More importantly, it never really comes up in case law because it is a no-brainer. It is accounting, not family law.

The question of factoring in the CCTB is murkier. My lawyers and their senior law clerks with combined experience of decades of practice and thousands of clients were insistant that section 7 expenses should be calculated by including the CCTB in income. Again, this is not explicitly stated in legislation or the guidelines, I can only quote my legal team. The firm practices family law exclusively and has won cases in the
Supreme Court of Canada. I certainly trust their legal advice, but if you have an obstinate ex, what are your options?

Unfortunately if you do not have a co-operative ex, then persuing this in the courts may end up costing more than the credits are worth. Further, some judges my just throw it out, considering it petty. I can't guarentee that you wouid get one result or another. If you were in court seeking a comprehensive ruling on various matters of custody, access, and support, your decision would include a ruling on tax credits and the CCTB, but I would be hesitant to go through the courts for those issues alone.

One reason why I suggested to simply pay the after tax amount and tell the ex to take you to court, is because that makes them the ones who look petty and childish by initiating a court proceeding over a tax credit, and there is no support in law for the expenses to be split on a before-tax basis. They would look like jackasses, and have no case. But again, it can be dodgy going to court over a slim issue like a tax credit.
 
Daycare reciepts

Daycare reciepts

Hi

I have had the same situation witht the daycare and my ex.
The daycare did not provide ANY monthly receipt and only provided a receipt at year end.
It does happen. The amount was set and I had provided post dated checks.

I provided my ex with copies of the cheques along with the yearly reciept from the daycare.
Can you confirm the child attends daycare regulalry and the bill is being paid? Then I suggest after doing some footwork...start paying the portion that you are supposed to.

My ex ended up stopping his payments of daycare and refused to do so for 3 yrs. (just to be a dick)
By the end, I too made invoices and submitted my running account balance for the outstanding balances.. suddenly, I had to become an accountant/bookkeeper to collect any money for the situation. I registered packages every year with outstanding money that was owed and one time the package was declined at the door. I was stuck paying everything on my own with no reimbursement.

Thankfully now I have the agreement updated to www.familywizard.com and receipts are submitted and payments expected within 30days (also as per the agreement), and my legal fees will be on my ex if I am forced to chase the money.

Or you can do some footwork and pay what needs to be paid knowing your child does attend the daycare. Wait for the yearly and maybe verify daycare on each Income tax return/notice of assessment.
 
Registered Daycares typically charge for the SPOT, regardless of whether the child is there or not. (The potential exists for the child to be there, and a registered facility is limited in the number of children they can have per caregiver).
 
Thanks for the recent responses!

To update my situation

Children do not go to a registered day care facility. They go to some lady's house to get babysat. I do not know the fee/payment arrangement between ex and this lady.

Ex did not follow agreement dated 2008 or 2012 amendment, which both stated she was to provide me with a receipt on a monthly basis, upon being provided the receipt as proof that she was paying someone, I had 20 days to reimburse her my share.

I did pay ex every month for the 2012 year based on illegit e-mails she sent me of monthly amounts she claimed she paid the babysitter. I only paid her based on these e-mails because my lawyer advised me to, lawyer said if ex did come up with receipts at the end of the year/she didn't want me to owe a huge amount of money all at once.

End of year came and ex e-mailed me asking me how much I paid her for babysitting fees, so that babysitter could write me out a receipt.

I told ex that I did not need a receipt from the babysitter, as I never ever paid the babysitter any money! I explained to ex that because I don't have our children 40% of the time, I can't claim any expenses I paid towards her babysitting.
I told ex that as per the agreement, I did require the 12 monthly receipts addressed to herself signed from the babysitter with the total monthly amount she paid as proof that she was paying someone and entitled to all the payments I gave her.
I told her that I was not telling her the amount I paid her as she requested, as it was up to her to prove to me/clearly her receipts should have matched the e-mailed amounts she gave me. (Guess she didn't save the e-mails she sent me each month of amounts she was claiming to me!)

I hear nothing from ex. At the end of January 2013, ex sends me another one of her illegit e-mails for January 2013 babysitting monthly amount.

I e-mail ex that I've been advised not to pay her anymore babysitting money until she provides me with the 12 monthly receipts as per the agreement and starts providing me with ongoing monthly receipts for 2013.

A week or so later ex sends me an e-mail telling me along the lines of "You know my babysitter doesn't give me monthly receipts, but she has been kind enough to write out 12 receipts for 2012 and start doing so for 2013 just for you"

She sent 13 photo attachments of receipts. They were all in ex's handwriting addressed to herself with a monthly amount and then had supposedly the babysitters initials at the bottom.

11 of the receipts for 2012 did not match the amounts she had e-mailed me. The only month that matched was December 2012...well duh she must have remembered that one/had that e-mail saved.

But even her January 2013 receipt did not match her January 2013 e-mail!

I told her that the babysitting matter was to be dealt with through my lawyer.

She has e-mailed me a few times, demanding I pay her, in which I just keep responding back that she is to contact my lawyer on the matter.

She has not sent me any of her famous illegit e-mails for February or March babysitting.

She did ask me to return the kids home early to her during my Easter with them...I told her that I would and that I'd ask she make up the time on a future weekend for me...She responded back that she would not make up the time and that she was denying my request to have the kids for the Summer and that I would be paying babysitting expenses for the Summer.

Because she refused to make up the extra time if I returned them early to her for Easter, I told her since she was refusing to give me extra time with them, and my access is very limited as is that I would not return them home early to her and I returned them on the agreed time to her house, where she and her entourage were all waiting outside the house for us to arrive (ex, ex's bf, mother and father) Thankfully there was no conflict with them this time, as they have caused in the past.
 
I guess the bottom paragraphs might not make sense to people...just kind of added it on the bottom there, as it is another on-going issue with her.

At lawyer meeting to settle the babysitting issue...I also had to fight to get weekend access schedule changed with our kids and holiday time.

According to 2008 agreement, I was only to have our kids every other weekend Fri-Sun. (Ex had actually been letting me have the kids almost every weekend, 2009, 2010, 2011 march breaks, some time during Christmas,Thanksgiving, and Easter...but none of this was actually in our agreement---the agreement simply stated every other weekend Sun-Fri)

My work schedule got changed in 2011 where I now had to work Fridays 3pm-11pm....so I could not pick the kids up Fridays at 6pm anymore as per the agreement. I had asked ex if she would drive the kids to my GF Fridays at 6pm and ex refused (I get that is her right) But ex had no problem asking for GF to watch our kids during March Break 2011 when ex went to Mexico. (She has no problem with GF if it benefits her/is convenient to her)

So ex just started denying me Fridays with the kids. She would tell me that she was working Saturday morning and would send the kids to her parents house Friday instead have them sleep over at the parents and then I'd have to go to the parents house Saturday morning to get the kids (parents live in a town 20 min away from ex....I live 30 min away from ex...so she was refusing to drive kids to my gf Friday night, but she was driving them to her parents to sleep over night there)

Ex also denied me my Christmas that year with our children. Her father was waiting in her drive way when I arrived to pick them up. A little while before this...I was pulled over by the police/found out ex had cancelled my car insurance! So GF got everything put in to her name. When we went to pick up the kids for Christmas ex's father was waiting in her drive way and said he wanted to see proof of my insurance in order for me to get the kids. (clearly she cancelled it/thought I was driving with no insurance) All I was thinking about was getting my kids. My Gf told me not to show him the insurance and to just leave...but I just wanted my kids. So I quickly grabbed GF's insurance/ownership to humorously show him....Well he actually snatched it from my hand and began writing all GF's info down from it! then he told me "we know it is your weekend with the kids but it's Christmas and we are denying you!" (Went to the police immediately...they said there was nothing they could do about any of it...just said if he made any false reports with GF's info then she could charge him at that time)

So at lawyer meeting to settle the babysitting issue...my lawyer also got my every other weekend access schedule changed Sat-Mon...I pick the kids up at ex's house and return them to school Monday. Lawyers told ex to stop involving her parents.
I also got specific Christmas, Thanksgiving Easter and ex said she wanted to alternate March Breaks now instead of giving me every March Break.
Ex lied and said "She didn't remember giving me the kids every weekend in 2010 and early 2011" (She only stopped giving me every weekend when she wanted me to start paying her babysitting with no receipts of proof)

A few months after the amendment was made for that access schedule....She all of a sudden started driving the kids to my GF on the Friday nights 3 weekends every month!

So at the end of this year...my lawyer wrote a letter to her lawyer basically informing her lawyer that ex had been bringing the kids to Gf every Friday 3 weekends in a row/I was returning them to school Monday....I am now requesting to have this put in the agreement, since its' already been happening for 4 months now.
I also requested to have the kids for the Summer...since ex put them in babysitting all Summer 2012. If ex are with GF and I, there will be no babysitting based on our schedules. Offered ex two weekends holidays and every other weekend for Summer(same situation she gives me currently)

Letter also notified ex's lawyer that ex had not provided any babysitting receipts and reminded her to exchange tax info and to disclose her CCTB as that should offset the babysitting expenses

3 weeks later...still no response from either ex or her lawyer...my lawyer sent another letter and ex's lawyer responded back that Ex would be representing herself on these matters (letter dated January 2013)
 
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