Daycare records

[wantmoretime]

What is the name of your state?California

Since I have subpoenaed daycare records, and filed a compliant to the BBB, is there anything else that I can do to show the judge that the petitioner has been lying to the court system... She never paid a dime to her mother for daycare, she pocketed the money--- Its 19,000.00 I want it back, how do I get the money that was supposed to be used for my daughter- and wasn't- back? PLEASE ADVISE

 

[LdiJ]

What is the name of your state?California

Since I have subpoenaed daycare records, and filed a compliant to the BBB, is there anything else that I can do to show the judge that the petitioner has been lying to the court system... She never paid a dime to her mother for daycare, she pocketed the money--- Its 19,000.00 I want it back, how do I get the money that was supposed to be used for my daughter- and wasn't- back? PLEASE ADVISE

Filing a complaint to the BBB was tacky unless your child was recieving substandard care.

If the daycare records prove she has not been paying you may be able to get some where....but all the daycare records may prove is that she wasn't paid "on the books"....that isn't necessarily proof of non-payment.

 

[MtnMoon]

Proof of payment for childcare expenses

What is the name of your state?California

Since I have subpoenaed daycare records, and filed a compliant to the BBB, is there anything else that I can do to show the judge that the petitioner has been lying to the court system... She never paid a dime to her mother for daycare, she pocketed the money--- Its 19,000.00 I want it back, how do I get the money that was supposed to be used for my daughter- and wasn't- back? PLEASE ADVISE

You stated you've been to court already...what did the judge say about the childcare issue...specifically about proof of payment? If I'm not mistaken...you said that at first the childcare amount was $800 a month and then it was reduced to $450. So, did the judge say your ex has to come up with proof of previous payment?

 

[nagol818]

What is the BBB?

 

[Copperarab]

What is the BBB?

Better Business Bureau

 

[Inquiry123]

Problems

Your case is complicated by the fact that gmother ACTUALLY operates a daycare.

The court is familiar with cases in which child care costs are claimed by CP when in reality family members are "sitting" at no fee.

What will prevent CP from claiming that she paid cash every month and never saved receipts?

Does gmother KNOW that CP is receiving an additional allotment for childcare? Have you questioned CP or gmother through your discovery process -- Do you have any idea what they're going to say in court? Would gmother "manufacture" receipts?

 

[djohnson]

Just something else to think about too is sometimes daycare workers get cut rates or benefits in leiu of pay. Effectively costing them in the long run. The same as making more and having to pay it out. Also because the Gma owns this daycare, this child is occuping a spot that could be used by someone paying. Even claiming she didn't pay, is costing Gma by not getting paid by that spot. So the mom could claim she is helping Gma out which essentially the same thing because Gma has lost the money for the spot.

 

[dannysmyboy]

I have a new one.

My husband's X took him to court for daycare expenses. She claimed that since she didn't work and stayed home with the kids (on her days), that she's entitled the the same rate pay (from him) as a daycare provider would receive.

She also told the court about 1 incident that she had the kids all day on one of his days (first of all, she requested this day, because it was one of the kids birthday, and they were out of school). My husband had to work and he said it was okay if she wanted to spend the day with the kids....Then to stab him in the back, she wants to be paid daycare wages for "watching the kids" for him that day. My husband was very happy to keep them in daycare that day...He won't be giving her any more "extra" days anytime soon, if that's the way she wants to play.

If she worked, he has to pay half of her daycare expenses. Since she doesn't work, he pays her 0, however, he pays his own daycare expenses on his days.

Wantmoretime: If you take this back to court, you might be able to get a modification of daycare being from a licensed daycare facilities or provider and not a family member.
We are in California also, and that's how my step-kids daycare is listed. Has to be licensed daycare/provider and not a family member.

 

[djohnson]

The problem with your advice is it is a licensed daycare provider that is owned by a family member. Are you suggesting elliminating family owned business when it has the license?

 

[dannysmyboy]

The problem with your advice is it is a licensed daycare provider that is owned by a family member. Are you suggesting elliminating family owned business when it has the license?

That would be up to the judge and attorneys. All cases are different. In our case, x wanted gmother to watch the kids and get paid daycare wage....Or she herself can watch the kids and he pay her daycare ($800). My husband said nope, he wants a licensed facility. The gmother is 93, kids are very young.... Judge sided with him....So it depends on each situation. If the family member is actually licensed and watches other kids, I don't think he would have a problem with it. Hell, if he is paying for daycare, then they should get daycare, not a babysitter.

 

[wantmoretime]

All of the posts are helpful, I should be more specific- I have found out from the bbb in their investigation the Gmother claims that all payment stopped August 8, 2003- Also SHe is not claiming on her daycare taxes that she ever recieved any money - my guess is that it would have put her in a different tax bracket- And my daughters mother did not claim the child care credit on her taxes either--- the Judge, last time that we went to court, said that he wanted the records and that they were to be filed with the court- suprise they were not filed and they is no proof of payment. Can my daughters mother get in trouble legally??

 

[Ambr]

Just a thought....

What you are wanting is proof that the money paid for daycare actually was paid on daycare?

Mom says she is paying grandma (licensed daycare).
No receipts.
Nothing on the books that shows Mom paid (how do you know this?)

You could ask for receipts from grandma --- even if she paid in CASH, due to the accounting requirements grandma would have to have a receipt book that she could photocopy and supply you with receipts.

NOW....if grandma didn't report this money (again, getting proof of this is going to be hard because now you are talking about needing to look at ALL of grandma's books. Getting her tax information - finding out how much she reported. matching that to the receipts of people that more than likely claimed it on their taxes. ALOT of foot work to get any proof)

Now if they they were silly enough to give you proof of receipts.
And you could prove that grandma didn't claim the income.
You could be a horses butt and report grandma to the IRS for not reporting all of her income. grandma gets a naughty naughty shame on you and a slap on the wrist, fine and she pays in.

Any way, you are still going to end up paying for the daycare. At the given rate. Actually, you are lucky if you get to pay for the specific number of days that the child is there. My last daycare we had to pay for the full week rather the child was there or not to reserve that slow.

 

[Ambr]

Can my daughters mother get in trouble legally??

What has she done wrong?

I mean....she is claiming that she is paying grandma. She could claim it was in cash. She could claim that she runs grandma's errands, etc in exchange for sitting. She cam claim anything under the sun.

She could basically says that she paid grandma.
She provided services for grandmaa and grandma paid her back.

Mom didn't claim the tax credit. No fraud on her part.
Grandma didn't report the tax credit.

 

[MamaLlama]

passive aggressive behavior is best handled by approaching it as business

If the daycare expenses are manufactured or based on some kind of barter system I can see his outrage. Did the Grandmother provide daycare for the children at no cost before child support was ordered?? I would think if that were true you might have a valid argument-Get legal advice however it may just be that you have to let it go....consider it a lesson learned... If so concentrate on something prodctive if that is the case. See what if anything can be done to tighten up the agreement to require proof of payment for the child care in your agreement (ie must be present on her taxes).

 

[djohnson]

I, on the other hand, don't really see your outrage. I see this as spite against mom and hurting your child. This is how I see it:

You obviously make enough to pay for daycare.
You don't mind paying strangers to keep your child.
You don't mind your child being in a daycare environment.

but,

You don't want to pay family to keep your child.
You want to take money out of the pocket of the mother of your child.
Money that has been benefitting your child in one way or another.

You want to pay for daycare, but why not let that money go to help your daughter and she still get free daycare. I'm not so sure what is so wrong with that. Maybe talk to ex and see if you can compromise. Pay half and let Gma keep the child.