Legal Question in Family Law in New York

Can ex hand write receipts for child care?

I am required to pay for 82% of child care expenses (daycare) for my three children. My ex just hand writes receipts saying her mother watches her children. I want to claim this money on my taxes each year, so I told my ex that I want a tax id number or social security number of the person watching my children, so I can claim it. My ex said she won't do it, but I'm not even sure she is using or paying her mother. I believe my ex is handwriting a receipt just to get the extra money. Do I have any legal right here?


Asked on 6/17/03, 9:17 am

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Can ex hand write receipts for child care?

Absolutely. You have the right to an accounting of the money you are providing. It's not unreasonable to get the tax information for the person you are paying. You have 2 options:

One, you can stop paying this cost until you recieve the tax ID number. This is risky because it may result in your ex pressing the issue in court in which you can raise your defense, and seek a modification but you would be on the defensive from such a tact.

Or, in the alternative, you can take a proactive approach and make a motion in the Court where the divorce agreement was filed yourself asking for judicial relief based upon the circumstances you cite here.

Should you like to discuss this or any other legal matter, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699

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Answered on 6/17/03, 9:33 am
Seth Kaufman Seth M. Kaufman

Re: Can ex hand write receipts for child care?

Great question. There's nothing wrong with handwritten receipts. However, as you note, if your ex is claiming the cost as an add-on, there should be income to show against the provider. Getting the tax ID number is not the right approach, since the money you pay is simply considered child support to your ex. There are other ways of determining where the money goes and seeing that it is properly reported. Please call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.

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Answered on 6/17/03, 9:39 am


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