My husband's ex wife has been charging him 56% of child care costs based on the "list price" on the website (YMCA). However, we have been asking for receipts and proof of payment and have only just discovered that she has been getting financial aid for years. With this financial aid, he has paid for 100+% and she has pocketed the extra money. If she is managing the payment of this expense, and he pays her, is there an argument that he should only pay 56% of the actual costs (after financial aid) that she paid?
Unless the court order says something different, your husband should only pay his portion of actual costs after presentation of an invoice or receipt. If ex-wife gets financial aid, the actual costs are lower and his portion is only what she pays. He should stop paying on the "list price" right away. As to the past, I would have to look at your order, but there is not likely to be a simple or clear remedy to recoup any prior overpayments he's made, as ex-wife probably isn't in contempt of any particular provision. Good luck!
You can reach John Hoelle at (303) 415-2040 or [email protected] John is an attorney licensed in Colorado. Answering your questions online does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights.
For child support purposes, the parent who is paying child care expenses gets to put down a monthly number for child care expenses on the child support worksheet. The other parent also gets to put down a monthly number for any child care expenses he or she incurs. The worksheet calculates the child support after considering each parent's child care costs and health insurance costs. The problem is that, a lot of times, the child care costs are an estimate or an average as the real cost can vary from month to month. The parent who is claiming the child care costs should be required to prove the ACTUAL out of pocket costs that he or she actually pays. But you don't get to change the current child support, based on a change in the amount of child care costs someone pays, until you FILE A MOTION to change child support. There's the rub. Does the current agreement or order between the parties require an annual exchange of information? If so, demand that the actual receipts or other proof of the mother's payments for child care be provided. If there is no such requirement, but you have a reasonable belief that she is not paying what she claims as child care expenses, then demand to see the receipts anyway. If she refuses, file a motion to modify child support. As part of the document disclosure and discovery process of the child support modification motion, she will have to provide these receipts or incur the wrath of the court. Remember, the requested change in child support must show a 10 percent change (up or down) in the amount of support or the court will just deny your motion. Run a careful calculation of the new amount of child support with the mother's child care expenses shown at the lowest they can reasonably be and see how the new child support number comes out. Be careful! You may find that other factors have changed and that, even considering the child care expense in the light most favorable to you, the child support number will go UP for you if you ask for child support to be changed. Don't shoot yourself in the foot! Talk to an attorney with a lot of experience in child support calculations. Ask him or her to run the child support calculation using various facts to see what your risk is if you ask for child support to be changed over this issue.
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