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Daycare payments

sfstepmama's picture

Over the weekend we found out at BM took kids out of after school care and has pocketed the money that DH has given to her for daycare through February. He is required to pay 50% of daycare according the support agreement-- and he always has paid his 50%. But now we find out that he hasn't been paying 50%, he has actually been paying 100%, so she owes DH a lot of cash!

She claims that she owes him nothing, but we know better. Should DH just deduct what she owes from next support payment? Or can she claim that he didn't pay her CS if he deducts from actual CS check? Do we take her to small claims court? Any ideas?

She did this last year as well. SHE missed a daycare payment, so when the daycare called her and said she missed one month's payment, she told DH that HE missed his payment... TOTAL LIE! He paid her every month. Of course he helped her out and paid the missed month, but she owes us for that! And she claims she owes us nothing.

She is a liar and a thief, or else she is just really stupid and can't add.

epgr's picture

first of all dont withhold it from child support. hopefully there is proof, a cashed check or reciept.. if not in the future I wouldnt give money to her for ANYTHING.. if he is suppose to pay 1/2 he should set his 1/2 up with the daycare directly, not thru her.. obviously she cant be trusted.
If there is proof take her to court, she owes you.

sfstepmama's picture

Well, we have proof of every amount we have paid her (bank statements). And we can get a record from the daycare of every amount she has paid them. I have a feeling that she has been cashing in on this daycare scam for years-which is probably why she is so mad that she has been caught!

Yes, we have learned that she can't be trusted--to say the least!

Anon2009's picture

Before you automatically deduct anything from child support on your own, talk to your lawyer to make sure it is ok to do so. If they say it is ok to do so, then by all means go ahead. If they suggest that you don't do it, then ask if there's something else you can do.

sfstepmama's picture

These are all great points! I guess we shall see how much she really owes us. And if the cost of going to court is greater than the amount she owes... I guess we are out of luck. Sad. But I think we've learned our lesson.