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Category: Family Law
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My husband and his ex-wife divorced in Colorado in 2010. In

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My husband and his ex-wife divorced in Colorado in 2010. In their divorce decree, it says that each party will pay 50% of the day care bill. When I retired from the military, we no longer needed daycare. We took care of our half of the childcare expense because I watch the kids during our weeks. We have joint custody, with the children changing every Monday to the other parent. My husband's ex-wife is friends with the daycare provider and she makes the daycare bills. And there has been errors in the billing in the past. I think that his ex-wife making the daycare bills is a conflict of interest and the daycare provider should make the bills. His ex is now taking us to court for contempt of court for the childcare. She states that she has paid her half of the daycare bills and has not provided canceled checks or daycare bills. The daycare provider has never billed us. Is my husband really in contempt of court?
Submitted: 11 months ago.
Category: Family Law
Expert:  Roger replied 11 months ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for using JA! I'll be glad to assist.

In order to be in contempt of court, the ex-wife would be required to prove that he has failed to pay. If there are no bills from the daycare and there's no proof of payment by the mother AND if the mother is presenting the bills, it may very well be that he's not in contempt because there's no proof to support that.

Your husband could file a motion for an accounting from the daycare and ask for ALL bills and ALL payments made on your account. Then your husband could match those up with the bills provided by his ex to see if they match up.

It may be that contempt can't be proven by her. Also, if the numbers don't add up, your husband may have a claim against her for fraud, misrepresentation and abuse of process.

Tanks for allowing me to assist you, and if you have any additional questions, please let me know.
Customer: replied 11 months ago.

Kirk - thank you for your response. The mother says that she will provide proof that she has paid her half of the daycare bill. My husband is currently deployed and asked me to contact the daycare provider and ask for copies of all the bills. Is that a good idea? Is she (daycare provider) obligated to provide that to me? Is she obligated to provide me proof of payment? Even though the mother makes the bills, we never got copies of the bills (it's been a year). Is it our responsibility to ask for a bill every month?

Expert:  Roger replied 11 months ago.
With him being out of town, there's nothing wrong with you asking for the bills. If you have a power of attorney for your husband, the daycare center should give you copies. If you don't, they may refuse your request since it's not your child - - but if that occurs, your husband could try to send them a letter from where he is OR you could have an attorney send a letter.

IF your husband is expected to pay half of the bill, the daycare should send him a bill with the total due, and each should send in their part.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26108
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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