I am inquiring for my boyfriend. He has a child support agreement with his now ex-wife for the past four years. When they originally went to settlement, she provided a statement from a daycare stating that she paid for the daughter's care after school. My boyfriend said that was the first time he heard anything about his daughter receiving such a service, so he called the place and they said she wasn't registered there. He has never gone back for a modification or anything. He was wondering, now that his daughter is 13 years old and the order has never been modified...if he can prove that she lied on that with a letter from the place..would his ex-wife then be responsible for repayment to him? If not, what are his legal options?

His legal option would be to file for a modification of the daycare expense portion of the order if the child is not in daycare. A letter from the provider stating she isn't enrolled there would be helpful in the modification. I highly doubt a daycare center is providing before/after school care for a 13 YO child. I've worked in daycare and the ages accepted are usually 6 weks to 12 years.

If he was court ordered to pay daycare expenses 4 years ago and he found out the child wasn't enrolled in the daycare, that would have been this time to bring this to the court's attention, not 4 years after the fact.

Probably not, only because it's been so long. If he knew about it (found out about it) 4 years ago, or even 1 year or more ago, the court will want to know why he didn't bring it in for modification when he first found out about it. If he is currently still paying daycare through a court order, and he is going to court anyway for a modification then I'd definately bring a letter from the daycare provider and show that she lied. It is possible they may do something. Also like whytenoise said, 13 years old is too old for day care. I have a 13 yr old and I would never leave her home alone everyday so she goes to a friends house to be "babysat", but I can't even claim any daycare costs as a tax deduction because she is too old. Legally a 13 yr old can stay home alone.

The actual fact is that she hasn't ever been in daycare. She has always stayed home alone...her mom gets her up at 4 a.m. to get ready for school (this is when she leaves for work at 5 a.m.) and then she goes back to sleep and her grandmother calls her to wake her up again closer to the time she gets her bus. He never modified it because he was at a stage of mind then that he was just going to let her go. The last time he was in to speak with his caseworker, she had mentioned to him that he should really file for a modification because he is paying extra for something that isn't. He just has such a busy work schedule, he really can't schedule time off for some time to get a modification hearing. But thanks for the information and suggestions.