Child care and child support

[DadOf_LnR]

Both the child support and child care are are taken from my paycheck by the courts order.
The child support is being revisited this year. And my ex provided a 1040 tax return that claimed child care costs paid to the school child care centre.
I've learned from my child, they have not been going to any child care for the last three years.
Years ago I tried to get records from the school child care center but they gave me the run around.
What is the exact wording I need to use to get information about how much the school child care centre received and how much my child actually attended these past three years? Is this the right information to have in order to get the child care garnishment removed?

[mistoffolees]

You will probably have to issue a subpoena for that information. The only way around it that I can see is if your money is being sent directly to the child care center - in which case you could ask for an accounting.

A lot also depends on your custody. If you have joint custody, you can legally request that kind of information. If your ex has sole custody, you'll probably have to wait for the court to issue a subpoena.

[Jade]

>Both the child support and child care are are taken from my
>paycheck by the courts order.
>The child support is being revisited this year. And my ex
>provided a 1040 tax return that claimed child care costs paid
>to the school child care centre.
>I've learned from my child, they have not been going to any
>child care for the last three years.
>Years ago I tried to get records from the school child care
>center but they gave me the run around.
>What is the exact wording I need to use to get information
>about how much the school child care centre received and how
>much my child actually attended these past three years? Is
>this the right information to have in order to get the child
>care garnishment removed?
>

[Jade]

>>Both the child support and child care are are taken from my
>>paycheck by the courts order.
>>The child support is being revisited this year. And my ex
>>provided a 1040 tax return that claimed child care costs
>paid
>>to the school child care centre.
>>I've learned from my child, they have not been going to any
>>child care for the last three years.
>>Years ago I tried to get records from the school child care
>>center but they gave me the run around.
>>What is the exact wording I need to use to get information
>>about how much the school child care centre received and how
>>much my child actually attended these past three years? Is
>>this the right information to have in order to get the child
>>care garnishment removed?
>>
>

You may have to subpoena the info.  How old are your kids?  

If the judge doesn't agree to the subpoena, you could always report her to the IRS.  She will then have to provide proof that she made the payments that she is claiming.  

FYI, for the next time, you can request that she provide a signed payment history (signed by the daycare center, of course).

What does your court order say about custody?  If it is joint legal, have your attorney write them a letter explaining how they are in violation of your parental rights.

[DadOf_LnR]

The child is 12.
Do I need to have these documents?
Has anyone ever got a refund or a credit because they over paid child care? I dont think so, but if someone has a story please post it.

The subpoena up front sounds like wasted money. What's the right way to do this?
Couldn't I just ask my ex to agree to drop child care?
And then if they dont agree, then go for the subpoena?

[Giggles]

After the age of 12 you can no longer claim child care costs through the IRS.

[cinb85]

I was able to claim child care costs through age 14 for my dd.

[cinb85]

You are right!  I just looked it up.  But.....I claimed my daughter through age 14.  Wonder if the IRS will come after me one day!  Oh well!

[mistoffolees]

>The child is 12.
>Do I need to have these documents?
>Has anyone ever got a refund or a credit because they over
>paid child care? I dont think so, but if someone has a story
>please post it.
>
>The subpoena up front sounds like wasted money. What's the
>right way to do this?
>Couldn't I just ask my ex to agree to drop child care?
>And then if they dont agree, then go for the subpoena?


Unfortunately, you can't just drop child care - even with the ex's approval. The court has to agree. Otherwise, you could find yourself being sued for arrears.

I would ask the ex to drop the child care given the age of the child. If she agrees, then you can get the change approved by the court very inexpensively.

If she doesn't agree, then you'd have to ask the court to drop it - and you'd need a subpoena to prove that she wasn't using child care, any way. I'd say your odds of winning that issue are very high if the facts are as you've presented them.

But, no, you'll never get past overpayment back (unless she voluntarily agrees to it which just doesn't seem likely unless you 'offer' to tell the IRS about her false deductions - but that's likely to lead to some major battles. Furthermore, while it seems unlikely, what if they really HAVE been going to child care and the child told you otherwise in order to feel grown up or something?). The court will rarely, if ever, retroactively change child support.

[Jade]

>The child is 12.
>Do I need to have these documents?
>Has anyone ever got a refund or a credit because they over
>paid child care? I dont think so, but if someone has a story
>please post it.
>
>The subpoena up front sounds like wasted money. What's the
>right way to do this?
>Couldn't I just ask my ex to agree to drop child care?
>And then if they dont agree, then go for the subpoena?
>
>
>
>
>

I would think that if it was because the CP willfully misrepresented the costs of daycare, the CP could get into a whole lot of trouble (including with the IRS if fraudulantly claiming child care costs) with the courts.  The CP could be charged with perjury and/or contempt of court.

I would also think (I am not an attorney) that you would get some type of credit for the overpayment.   I would consult with your attorney about this.