Author Topic: When Child Care costs need to remain OUTSIDE of the calculator  (Read 6413 times)

FatherOfMyKids1

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When Child Care costs need to remain OUTSIDE of the calculator
« on: December 19, 2014, 09:56:11 AM »
Hello all,
While calculating child support, I wanted to get numbers added up over the last few years where I have paid for 100% of child care.  So, I did and thought I want to plug this into the CS worksheet so that this is split according to my divorce decree below:

# __ CUSTODY:  The parties are awarded joint custody of the <number> (X) minor children and have a shared residency as per the Permanent Parenting Plan filed on <date>. Each parent shall be individually responsible to pay any applicable daycare when the child(ren) are with said parent.

However, what I realize happens is that the calculation according to guidelines does not allow for a decision on splitting child care costs in any way other than income proportion.  And if one does plug in child care costs on my side (payor) at say 250 dollars, thinking it will get "reimbursed" through the CS calculation is wrong because CS payment only goes down by income proportion fraction of 125.  It is also not going to work to split it 125 and 125 on the calculation because C.S. goes up for the payor (me) and I still don't get 125 reimbursed. 

My only solution is to keep it off the CS calculation completely.  But, will the judge or attorney insist to plug that in?  That's my fear during a hearing.  Any help is appreciated. 

BMull

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Re: When Child Care costs need to remain OUTSIDE of the calculator
« Reply #1 on: December 24, 2014, 05:12:34 PM »
I think in your specific case, child care should not be entered into the child support calculation.  It's not uncommon for shared residential parents to provide their own child care when needed.  These kinds of orders are pretty common language in parenting plans, from what I've observed.  Since your order appears to contain this language, you shouldn't include child care in the calculation.

Your point about crediting a parent for direct payment for child care is correct, if I understand you correctly.  Basically each parent is always responsible for their income proportionate share of child care.  This is based on the premise that the family is still intact/married, and the family spending is made in proportion to each parent's income (i.e. the higher earning parent pays more toward the family expenses).

I didn't find a question in your post, but I wanted to clarify with my take on it.  There's really not a problem with the calculation/calculator or with how child care is handled.  Your shared residency order is what governs the issues of child care in your case.

FatherOfMyKids1

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Re: When Child Care costs need to remain OUTSIDE of the calculator
« Reply #2 on: December 26, 2014, 02:56:39 PM »
Thanks and here is my response..

Brian, you wrote: “Basically each parent is always responsible for their income proportionate share of child care." If the court thinks that premise is true, then that goes directly to my fear in the original post that a judge will simply take my monthly cost data (averages for 3 years) and plug that into the CS calculator.  Then I not only potentially pay for 100% of childcare (like I am now) but more CS on top of the 100% because it is plugged into the calculator!  Perhaps I would be better off simply leaving child care cost completely out of the hearing discussions for child support and forcing ex-wife to pay her own week from now on.  “Forcing” ex-wife to pay her part is not easy – I am a farmer and keep kids with me mostly but hire child care at completely random and unscheduled times.  Maybe two filings:   Notice of Compliance with evidence of my payments and paying all of hers over 3 years in case (if it ever comes up in the future); and file a Notice of Compliance on the entire child care logistics, scheduling, having kids at my house (with child care provider) as going “over and above”.  I’m working on finding out if a Notice of Compliance becomes “evidence” if unchallenged.  Maybe I use this evidence in the future if needed.

I agree, there is no problem with the calculator.  However, maybe we have a decision in the software to disable fields for Child Care in this:   IF Shared Residency, AND IF mother and father have court order to pay child care on their respective week with kids, THEN DO NOT let child care costs be entered (D. 5.)