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Interpret Day Care cost

Started by tdhuffman03, Aug 27, 2004, 06:18:16 PM

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tdhuffman03

All parties reside in the State of Illinois and it is the tenth judical circuit court.
NCP was to pay $80 toward daycare starting in Feb 2000 when the child was 4 years old, up until last year he kept paying this amount even when the child started school in 2001.  Last year he was finaly able to get the CP to agree to a lessor amount instead of going to court they had an agreement and then the judge signed the agreement.  NC is required by court order to pay for day care to the provider.
Paragraph 3 of court order entered 10/24/04: 'The parties agree that effective for the month of August 2003 and each month through and including October 2009 or to terminate before said date if the child discontinues daycare the Defendant shall pay to the daycare provider and privide proof to Plaintiff of said payment the sum of $40.00 per month as and for his contribution to said expenses. The Plaintiff shall pay the remaining balance of said daycare expenses.'

Does he have a right to know when services are being provided?  Child is in school while CP works.
If proof of services is not provided does this mean that the day care expense teminates per court order?

socrateaser

Based on your quoted text, I believe that it is reasonable that you be entitled to know if services are actually being provided (an invoice from the daycare provider) and whether they have terminated. And, because you are apparently paying the provider directly, you also have the right to know the provider's SS or Federal Tax ID #, because you are entitled to write that amount off on your tax returns, and because you have a legal duty to provide this information to the IRS.

However, the court order is poorly worded, and  it doesn't discuss what occurs if daycare is discontinued and then started again. Unfortunately, you will either need to make a new stipulated agreement/order, or have the court decide.

tdhuffman03

Okay another question. regarding day care cost

NCP sent a letter to CP requested proof and if the proof is not received by a certain date then it is assumed that day care services are no longer being provided.  

Can NCP get into trouble if CP does not provide the proof and NCP stops paying the daycare provider?

NCP paid for daycare while the child was in his care can he essentially pay the daycare provider for his portion $40 and submit the remaining balance to the CP?

Also since the grandmother is essentially the one supposedly providing day care she does not submit any type of reciept or invoice for services rendered, shouldn't she be doing this when asked?

socrateaser

>Can NCP get into trouble if CP does not provide the proof and
>NCP stops paying the daycare provider?

Possibly. Can you prove that the other parent received the letter? If not, then the court may not believe that you ever sent the letter, if the other parent denies receving it.

>
>NCP paid for daycare while the child was in his care can he
>essentially pay the daycare provider for his portion $40 and
>submit the remaining balance to the CP?

The order says that Defendant is to pay $40 per month to the daycare provider, unless daycare is terminated. That's what you do. Nothing more, nothing less.

>
>Also since the grandmother is essentially the one supposedly
>providing day care she does not submit any type of reciept or
>invoice for services rendered, shouldn't she be doing this
>when asked?

Your cancelled check is a receipt for services rendered, but you can certainly demand an involce, prior to paying. You can send grandmother the same letter, i.e., "I require proof that daycare services are actually being provided, therefore prior to my providing payment, please send me a letter confirming that you are continuing to provide daycare services, and a monthly invoice for services rendered by you on the child's behalf, including dates and times that such services were rendered."

Of course, you will be hated and called an inhuman monster for doing this, but, let's face it, aren't you one, already, anyway? Yes, you must be. All obligor parents are inhuman monsters!

Not.