QUESTION
What do I do if my husband's ex-wife gave him a fake tax ID number for her child care provider?
Asked on Nov 30th, 2011 on Child Custody - Alabama
More details to this question:
The divorce papers state that my husband will pay 53% of day care when provided receipts and a tax ID number. We are questioning the legitimacy of the tax ID number. We don't believe she pays daycare and it merely trying to collect because her receipts are hand written by her and he is not allowed to talk to the day care providers (family members).
9 ANSWERS
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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File an objection with the FOC and schedule a hearing question the day care before the court referee.
Answered on Dec 12th, 2011 at 9:46 AM
I would suggest that in the future he offer to pay the daycare provider directly. He'll be compliant with his judgment by doing so, and if she really isn't paying anyone, then he could bring a motion to have this item removed, or motion to allow him to select the daycare provider/facility.
Answered on Dec 06th, 2011 at 5:46 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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He can demand an accounting and take her to court, seeking discovery from the care providers.
Answered on Dec 06th, 2011 at 1:39 AM
James Albert Bordonaro
Notify the court that you suspect fraud by letter with copy to your ex. Or that person who is providing services may be an illegal alien in which case you can notify ICE.
Answered on Dec 05th, 2011 at 3:31 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Not sure how you know it's a fake number, but you can file a motion with the court, asking for proof of payment, validation of the tax ID number and to see her tax returns to see if she is claiming the day care credit.
Answered on Dec 05th, 2011 at 2:21 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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How to proceed is up to him, and should be done only with consultationof an attorney. But I bet the IRS would love to hear about how the ex is floating a fake tax ID number, as the ability to take the daycare as an expense for him is income (taxable) for someone else. Just a thought that should be discussed with counsel.
Answered on Dec 05th, 2011 at 12:20 PM
Steven D. Dunnings
Most FOC's require tax returns and other documentation (check stubs) of actual child care payments.
Answered on Dec 05th, 2011 at 10:16 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If you know for certain the ID number is fake, you should be justified in believing that the day care is not being paid, even if you are provided questionable receipts from members of her family. You have two choices: (a) refuse to pay her anything for the claimed day care expense until you are satisfied that there are "real" day care expenses being paid or until she takes some action in court (at which time you can defend yourself and force her to prove that she has actually paid day care expenses) or (b) file a motion with the court to force her to provide adequate proof that she is paying the expense. The problem with paying family members day care expense is that you have no way to prove that the family member isn't just giving the money back to the mother or that they aren't even providing the care.
Answered on Dec 05th, 2011 at 9:20 AM
You will need to hire a lawyer to file motions to pay the money into the court. Your husband needs to pay the money into the court system until she can provide proof that the expenses is legitimate. If your husband just does not pay the money then he could be in contempt of a court order and suffer consequences from that event. If she cannot successfully prove the expense, then his money will be refunded to him upon a judge's order.
Answered on Dec 05th, 2011 at 8:38 AM