I am required to reimburse a certain percentage of daycare expenses incurred by my ex-wife. Our divorce decree clearly states my ex-wife should provide me with receipts from the daycare provider evidencing the daycare expenditures.
However, she sends me receipts without the daycare’s name or even a signature on them so I don’t even know if they’re legitimate. Some weeks she will just send me an email stating how much I owe without any copy of a receipt.
Am I expected to pay these expenses if they are not being properly filed per our divorce judgment?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce and child support laws where I am licensed to practice.
First, when a court order exists, the parties must follow the order or risk a possible Contempt or Show Cause Action. This would logically present the first option in how to deal with the current set of circumstances.
A party who has not followed the order and apparently refuses to follow the same will be asked to appear in front of the judge and explain, or “show cause,” why they should not be held in contempt of court for their failure to follow the court order. This could work for both you and the opposing party.
If she is not providing legitimate receipts, you do not have to pay. It does not mean she forgoes the right to payment, so I would always recommend putting the money aside, but both of you must follow the order.
Therefore, I would recommend reminding her of the court order provisions. In order to go around this issue, it may be helpful to go straight to the daycare and ask that you be provided with billing statements and records. You may be able to stop issues before they start and ascertain if the billing statements she has provided are legitimate.
Please follow your court order and make sure you are in compliance. Again, if she does not provide you with the requirements of the court order, then you would not likely be held in contempt as you were following the order.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.