What do I do if my husband's ex-wife gave him a fake tax ID number for her child care provider? 16 Answers as of December 12, 2011
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).Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereLaw Office of William L Spern | William Spern
File an objection with the FOC and schedule a hearing question the day care before the court referee.
Answer Applies to: Michigan
Replied: 12/12/2011
The Law Office of Kem Eyo, LLC | Kem Eyo
He can file a contempt action against her and request that the courts compel her to provide the correct information.
Answer Applies to: Georgia
Replied: 12/7/2011
Horizons Law Group, LLC | Michelle B. Fitzgerald
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.
Answer Applies to: Wisconsin
Replied: 12/6/2011
Glenn E. Tanner | Glenn E. Tanner
He can demand an accounting and take her to court, seeking discovery from the care providers.
Answer Applies to: Washington
Replied: 12/6/2011
Law Office of James Bordonaro | 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.
Answer Applies to: Kansas
Replied: 12/5/2011
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Receipts are supposed to be signed by the person receiving the payment, not the person making the payment. Perhaps your husband can file an Order to Show Cause modify the Child Support obligation, addressing the possible fraud between his ex and her family, and requesting that the Court not require him to contribute to the Child Care expense unless the Child Care is provided by non-relatives, or unless the Child Care expense is paid by check - requiring his ex to provide copies of the cancelled checks and bank statements when received. Note however, that latter provision would not protect him in the event that the relatives reimburse his ex.
Answer Applies to: California
Replied: 12/5/2011
The Law Office of Cathy R. Cook | Cathy R. Cook
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.
Answer Applies to: Ohio
Replied: 12/5/2011
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Unless your husband is barred by court order from contacting these daycare providers, he should have every right to contact them to verify this expense claimed by his former wife.
Answer Applies to: Virginia
Replied: 12/5/2011
Law Office of James Lentz | James Lentz
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.
Answer Applies to: Ohio
Replied: 12/5/2011
Reeves Law Firm, P.C. | Roy L. Reeves
My suggestion is refuse to pay based on handwritten receipts unless there is some verification.
Answer Applies to: Texas
Replied: 12/5/2011
Dunnings Law Firm | Steven Dunnings
Most FOC's require tax returns and other documentation (check stubs) of actual child care payments.
Answer Applies to: Michigan
Replied: 12/5/2011
John E. Kirchner, Attorney at Law | John Kirchner
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.
Answer Applies to: Colorado
Replied: 12/5/2011
Gonzalez Law Associates P.C. | Carlos Gonzalez
You can challenge the validity of the receipt and the ein by looking up who the ein is assigned to and confirming whether it matches the company she's claiming is doing the childcare.
Answer Applies to: New York
Replied: 12/5/2011
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
You will want to fight this, and your husband should probably take her back to court.
Answer Applies to: New Jersey
Replied: 12/5/2011
Marca Tanner Attorney at Law | Marca Tanner
You can always stop paying until she verifies the legitimacy of the tax ID number. Worst case scenario, she takes him to court to enforce the issue. If the tax ID number is legitimate, he could have a problem. If the number is not, I doubt she'll try and take him to court. The only way the divorce decree can be enforced is for one of the parties to file something in court. This is a civil matter, not a criminal one. No one outside of the parties is going to do anything about failure to comply. If she cannot verify the legitimacy of the tax number, stop paying until she does.
Answer Applies to: Utah
Replied: 12/5/2011
Swann-Zwiebel Law Firm, LLC | Elizabeth Swann
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.
Answer Applies to: Alabama
Replied: 12/5/2011













