Legal Question in Family Law in Utah
Utah Law states, "Each of the parties shall be required to pay one-half of any work related childcare costs for the parties minor children. However, no obligation to pay work-related childcare costs shall accrue unless the custodial parent is working and actually incurring childcare costs. The obligation to pay shall be contingent upon the non-custodial parent's receipt of proof of childcare expenses."
As the non-custodial parent, I do not believe my ex spouse is actually working. I have asked for them to prove it to me by showing me a pay stub or provide any other information proving they are indeed working. They refuse to do so.
If they are indeed working, I have no problem paying half of the childcare costs. Am I stuck here if they provide a receipt of childcare costs incurred or am I justified in asking for proof of employment by the custodial parent?
1 Answer from Attorneys
You should have the right to request verification that she is actually employed which would justify the work related child care costs. Make that request to her in writing so you can document that you made the request in the event this matter comes up in court. She shouldn't have any problem providing you with verification. If she refuses, then she clearly has something to hide and I would simply tell her that unless and until you get some verification that she's employed, then I would recommend that you not provide the request child care expenses. One form of verification would be for her to get a letter from her employer verifying her employment there and the number of hours per week she is employed at that location.
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