Question:
This is just a small part of a very unfortunate problem. Turns out my ex has a mother who owns a licensed home daycare. The last daycare receipts I got this last summer from my ex were all for cash - one of them $100.00. She gave me the receipts (the kind you get out of a $2 receipt book) so I could pay my portion (almost 50%). Two problems here. First, I doubt my ex is giving out $100 bills to her mom for our kids. Second, I asked my kids if they were at the daycare the six or so times that the receipts reported. Nope. Weren't even there. My daughter visited briefly with an adult friend, but otherwise, not only do I have to pay what ultimately 100%, but for services not even rendered! Sooo.. doesn't this give the ability of my ex to write out a blank check on my behalf? To complicate matters further... my employer pays for a portion of daycare. I need to pay it first then they are supposed to pay me back through my check which I am then supposed to pay the daycare provider. The judge at my trial said, well then, why don't you have your employer pay for the portion of the daycare and what isn't covered my ex should pay. Riiiiight. Well, I didn't even expect my employer's program to come up, but when I looked, I saw that it only applies to dependents that can be reported for me on taxes. Yeah, I get to choose only one of my two. Besides this, to profit from kids is wrong. To profit from divorce is not balanced and is wrong. My divorce, by the way is final, though at this writing, I have yet to see my paperwork and how it is worded in respect to my company paying for childcare and my ex paying for the rest. This last summer, my own mother traveled across the country to visit my kids, and watched them while I was gone. Nothing was ever charged to me or my ex. Nor would I have expected it. I do know who the accountant is for the daycare, I am pretty sure. Would their books be public information? The only think I can think of, is if their books are open, I can see what payments my ex made, if any, and if there weren't any, I could pursue fraud charges. Anything the kids say about them even being at the daycare while their mom has custody is hearsay. Is there any way out of this? It's fraud to the core, but maybe it's one that I have to live with. Please help.
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Washington. I think you need first off a copy of your Order. All of this is difficult to understand unless you know that exact obligations that exist. In the event you want to pursue records from her mother regarding the "care" of your client, then you can send a subpoena if you have an open case with the Court. I am unaware of any public forum for this information. As far as fraud, that is beyond my scope of practice. Without proof that these receipts are false and your ex did not pay, you have no claim at this point. I would see what your obligations are first for sure, then check on the actual expenses.