Legal Question in Family Law in Utah

My ex-wife has had her sister providing child care for our kids for more than a year. They have over billed me since the occurred and I have repeatedly attenmpted to reconcile this amount with them, but they refuse. I stopped making payments 7 months ago as per legal advise I was given, but I have continued to track the possible days that she would have been able to watch them, and I should still have a credit. I sent the provider and email requesting that she fills out a w-10, and she began telling me I needed to provide a 1099, which I know is unture. I have never been provided her physical address and have requested it from both my ex-wife and the provider. Her response back was that I am to never contact her again. As she is caring for my children which I share legal custody of, do I have to obey her request?


Asked on 2/11/13, 5:40 pm

1 Answer from Attorneys

Cory Wall Cory R. Wall, Attorney at Law, P.C.

You should refer your ex to Utah Code Annotated, Section 78B-12-214 which provides:

78B-12-214. Child care expenses -- Expenses not incurred.

(1) The child support order shall require that each parent share equally the reasonable work-related child care expenses of the parents.

(2) (a) If an actual expense for child care is incurred, a parent shall begin paying his share on a monthly basis immediately upon presentation of proof of the child care expense, but if the child care expense ceases to be incurred, that parent may suspend making monthly payment of that expense while it is not being incurred, without obtaining a modification of the child support order.

(b) (i) In the absence of a court order to the contrary, a parent who incurs child care expense shall provide written verification of the cost and identity of a child care provider to the other parent upon initial engagement of a provider and thereafter on the request of the other parent.

(ii) In the absence of a court order to the contrary, the parent shall notify the other parent of any change of child care provider or the monthly expense of child care within 30 calendar days of the date of the change.

(3) In addition to any other sanctions provided by the court, a parent incurring child care expenses may be denied the right to receive credit for the expenses or to recover the other parent's share of the expenses if the parent incurring the expenses fails to comply with Subsection (2)(b).

You have the right to the information you're requesting and if she's not in compliance, then she's in contempt. You may have to take her to court to enforce your rights. If you want to meet to discuss your case further, I offer a free initial consultation. My number is 801-455-2131.

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Answered on 2/14/13, 1:42 pm


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