helpappreciated
recently joined
Reged: 08/15/04
Posts: 4
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Hi.
I am really new at this, and I am having a hard time figuring out what I need to do. Our divorce is still pending. In the meantime I am making child support payments as assigned by temporary order. We are also splitting charges for the girls (2 of them) day care. This is where the problem comes in.
The receipts and invoices that I am getting from my soon-to-be-ex and from the daycare "facility" have absolutely no details on them. I have no idea when and how much the girls are in the day care. The receipts and invoices come to me on hand-written notes, sometimes with no date and hardly any information on them. Am I required to pay for this? My concern is that I have absolutely no idea what it is I am paying for. I don't know if my ex has really paid her share, for all I know, she could be manufacturing those receipts. Are the girls there really during the time when she works?
Are there any laws protecting me from being ripped off here? Thanks for your help.
Kevin.
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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>>Am I required to pay for this?
Is it in your temporary orders?
>>I don't know if my ex has really paid her share, for all I know, she could be
>>manufacturing those receipts. Are the girls there really during the time when she
>>works?
Have you asked your ex? You should ask her if she can get a better receipt for them or call the daycare yourself and ask them if they can provide her with better receipts. Some daycares do just give non-official receipts, depending on how many of the parents request them and how necessary they find it to provide better ones.
The girls are certainly somewhere when she works or she couldn't be at work. Do you have any reason to suspect she's lying? Don't make it an issue unless there's indication that it's an issue. In the meantime, you can call the daycare and just voice your concern about having better, more professional and detailed, receipts which can help with the situation and not leave your ex thinking you're questioning her to give the two of you cause to argue with one another.
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Char Fox
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helpappreciated
recently joined
Reged: 08/15/04
Posts: 4
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It is in my temporary orders to share 50% of the day care expenses and I have no problem paying my fair share. I am sure that the girls are there for the most part, but there is a fair number of cases where I know that they were not there (they were with me) and the vague invoice included those days too.
I guess my questions boil down to the following:
1) Do I have a legal right to demand that the girls attend a state licenced day care? I don't think the one they go to is.
2) Can I legally require the daycare to submit a more detailed invoice for my payment?
One of the people watching the girls is my ex's sister. I am almost positive that she is not charging my ex for the care, yet I am getting invoiced.
Of course I will talk to the child care provider, but I wanted to know if anyone knows what my legal rights are. I haven't been able to find them on the internet. Talking to my ex leads nowhere. It cannot even be called a fight, it's more of bashing session on her side.....
Thanks for the help.
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Melody
Carpal \'Tunnel
Reged: 06/02/04
Posts: 10102
Loc: California
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and review their records. The centers will have a daily log of when the child entered and when the child was signed out. They should also have records of all payments received. They can make duplicates of receipts for funds they received from your ex or they can make photocopies of their carbon copy of any receipt they issued to your ex. Inform your ex that you will only accept proper receipts from the center that include the date it was issued, and the dates of service that the receipt covers.
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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>>1) Do I have a legal right to demand that the girls attend a state licenced day
>>care?
You have a right to "ask" whatever you want. But demands will generally pit a judge against you. The judge has the right to not grant whatever you ask. It's not a requirement, so it's all up to the judge.
>>I don't think the one they go to is.
WHY do you think this? Have they given you reason to believe this? Are there other kids in their care? Do they advertise their services? If those are true, they most likely would be licensed. But you can check on licensing with the state.
>>2) Can I legally require the daycare to submit a more detailed invoice for my
>>payment?
No, they can submit whatever type of invoice they choose. And if you had custody, you would have the right to pull your child out of there if you didn't like their invoicing as a way of showing your displeasure.
All you can do is report them if they're not licensed, request the court order a licensed daycare, and report them to the IRS if you feel they're not reporting the daycare income they're claiming. But if she's not reporting it as a deduction on her taxes, the IRS will do nothing.
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Char Fox
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helpappreciated
recently joined
Reged: 08/15/04
Posts: 4
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I am not looking for a fight, so I am not looking to antagonize the judge or anyone else. I just feel that I am getting the short end of the deal here. I am barely getting by financially, and I just wanted to make sure that I am doing what I can to protect myself.
Obviously the daycare can do what they want (that's what I am learning) and obviously I don't have a say in where they go, since I am not the custodial parent. It is true that the way they do business at this particular daycare is not very professional and that's only one of the reasons I think they are not licenced. I don't get the invoices monthly, I get them dumped on am all at once, for several months in a row. They are on a handwritten scratch paper, and I can hardly believe they are made off of any kind of log or even record. They seem to be "put together on a fly".
I have every reason to believe that my ex is trying to get to me. She cleaned all our bank accounts, opened credit cards and maxed them out, and more, before she left. That's just the tip of the iceberg, and given that I am already paying more in alimony and child support than I can afford, I just wanted to see if there is a legal way to handle this. I cannot afford to pay an attorney for advice, so I signed up for this forum.
From what I am getting, legally I cannot require anything from this daycare. I can beg and plee and ask for cooperation, but I am at their mercy altogether.
Thank you all for your help....
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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I don't get the invoices monthly, I get them dumped on am all at once, for several months in a row. They are on a handwritten scratch paper, and I can hardly believe they are made off of any kind of log or even record. They seem to be "put together on a fly".
---> I don't see why you can't request a TIMELY and PROPER accounting.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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Well, as I mentioned, you *can* contact the state and the IRS to check on their compliance with licensing/taxes. The daycare and your ex won't know it was you, so that won't create a fight. But it may also not get you anywhere unless there really is a violation and if the state or IRS actually looks into it.
And you can request that the court require a higher standard, but that costs money, which you said you don't have. You can do it on your own without an attorney, but it lowers your chances. So the chance of getting anywhere with that route is pretty much non-existent. But if you want to try and go it alone, it won't cost...you can file a pauper's affidavit to waive the court fees. And who knows, you might get a ruling in your favor.
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Char Fox
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Onyx
old hand
Reged: 08/03/04
Posts: 816
Loc: Buffalo NY
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My sons daycare gives me a detailed reciept. Days attended, time frame, amount charged and paid. I didnt ask for this, they just have the reciept printed and fill in the info, and it has the day care's state assigned number on it, etc. very professional looking. We get these once a month from the daycare. Ask for one, they should be able to if they are an accredited daycare. But they are all different. I will ask when I go there, if they are mandated to give detailed invoices. Blessings, Sue
---> I don't see why you can't request a TIMELY and PROPER accounting. [/quote]
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"Don't Make Me Get My Flying Monkeys"
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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I used to do in-home daycare (before computers) and it was not a big deal for me to provide a timesheet and to buy a receipt book.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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