Q: What do I do If custodial parent refuses to provide me with childcare receipts within the 30 days given by the judge?
We recently had our child support case heard , and custodial parent added on childcare expenses for our 12 years old son. The judge said I can pay my half directly to the provider or I can reimburse mother for the expenses so the judge ordered her to provide me with the providers phone number and name along with receipts within 30 days of her paying the expense. She is refusing to give me the receipts or give me Information for the provider . The judge specifically stated a 30 day time frame for her to give me reciepts and provider info and she is not cooperating. I know if she doesn’t provide the info in the time frame given by the judge that she is waiving the right to reimbursement but what do I file to have it waived since she hasn’t provided me and reciepts or info ?
A:
If the custodial parent fails to provide you with the required childcare receipts and provider information within the 30-day timeframe set by the judge, you should take the following steps:
1. Document your attempts to obtain the information: Keep a record of any communication (emails, text messages, or letters) you have sent to the custodial parent requesting the required information.
2. File a Request for Order (RFO) with the court: Prepare and file an RFO asking the court to enforce the previous order and waive your obligation to reimburse the custodial parent for the childcare expenses due to their failure to comply with the court's order. In the RFO, explain the situation, the judge's previous order, and the custodial parent's non-compliance.
3. Serve the RFO: Once you have filed the RFO, you must serve a copy of the documents to the custodial parent, following the proper service procedures.
4. Attend the hearing: The court will set a hearing date for your RFO. Attend the hearing and present your case to the judge, including any evidence of your attempts to obtain the information and the custodial parent's non-compliance.
It is highly recommended that you consult with a family law attorney to help you navigate this process and ensure that you follow the proper legal procedures. They can also help you draft the necessary documents and represent you in court if needed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
