I currently filed a JV case to establish Temporary Child support from my Ex. I have recently filed for modification just so the court would have record that the amount for Child care expenses was changed and we have a mediation date coming up, so I advised the other party that we can discuss the amount at mediation since they refuse to pay anything higher then the amount given at the Temporary orders. The party keeps trying to push the fact on the Judge that my Mother is the Child care provider and I could possibly be lying about the amount I pay her. I work at a Bar and Grill and I work off Tips, I have a bank account that I intentionally got years ago that makes it where you can't have checks, you can't even overdraw your account because I don't like being hit with fees or having to keep a checkbook of EVERY check I write, so I pay her in cash and get receipts. Well the party responded to this modification again claiming that the amount is hear-say and I have no proof and I have no proof that my work hours went up at work. I don't think a Judge would side with them since I'm doing receipts but I guess I can do more just to make them look bad for accusing me of lying.
It's not hearsay because you will be testifying to what you pay. That isn't an out of court statement. You can also have your mother testify. The other party can accuse you both of lying, but the judge will determine who they believe.
It's likely to come down to whether the amount you are paying your mother is reasonable. If it is, the judge is likely to accept it. After all, someone needs to watch the child while you work and it doesn't sound like the other parent is volunteering to take over that responsibility.
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If your mother is available to testify regarding the day care she provides and as to the authenticity of the receipts you should be fine. You can also testify about the receipts. I think having your mother there as well presents better. If you can show cash withdraws from a bank correlating with what you pay your mother that would be better. Keep in mind that the other side, and some judges, can be suspicious when a person uses a family member as paid day care. Your ex is wrong in stating the court will not let the receipts in. You just have to present them correctly.
Evidence is one of the most difficult things to navigate in the legal system, arguably more so in domestic relations and Juvenile matters. The Judge will not require you usually to provide anything. It is your job to provide the items to the Court for it's review so the Court can issue the orders. In your matter, it appears that you could be able to testify to how much you pay provide the receipts. It would be very beneficial to have you Mother testify too, the author of the receipts, to acknowledge what amounts have been paid. It could be very beneficial to consult a attorney to assist you with preparation of your case or to have an attorney attend and represent you at any future hearing.
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