Author Topic: Child support covering daycare expenses question  (Read 3961 times)

CJohnston

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Child support covering daycare expenses question
« on: June 14, 2013, 11:47:14 AM »
I have been divorced for over a year, and recently had custody change for the better this past week. My ex-wife has, for the last year, taken both of my children to a school 2 hours away. I pay over $1,000 in child support per month. Recently, a new custody plan was passed so that the children will be attending daycare in my city. My ex-wife is arguing that she is only responsible for a portion of the childcare payments, which come to approximately $600/month. Keep in mind, that when they are with her, they do not attend daycare, they stay home with her.

Am I wrong in thinking that she should be paying for the entire amount for daycare? With them not going to school with her, there should be no issue in my child support not covering the entire amount and then some. As I understand the guidelines for child support, the child support is to go towards education/daycare expenses, regardless of where they attend school.

Someone help me, please!

Guru

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Re: Child support covering daycare expenses question
« Reply #1 on: June 14, 2013, 02:26:03 PM »
In KS, child care expenses is added directly to the basic child support amount.  This total child support amount is then split between the parents using the income proportion.  So if both of yours' total monthly income is $5000, with you making $4000/month, and her making $1000/month.  You would then be responsible for paying 4/5 of the total child care amount.  If childcare is not included in your child support order, rest assured if you don't pay it, she will take you back to court to have it ordered (and it will be).  It is supposed to be included in the total monthly child support you pay.

With regards to who the child is with, it depends slightly.  To offset your time with the kids, you can ask for a parenting time adjustment, which would offset both childcare and child support.  Currently the adjustment is either 5%, 10%, or 15% depending on how much time you have.  But if you have shared residency where the kids spend half the time with you, it can be argued that both parents could just provide their own child care when needed.

Have you tried our free calculator?  You can enter the monthly childcare amount there and see how it affects your child support.

mykidzmom

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Re: Child support covering daycare expenses question
« Reply #2 on: July 20, 2013, 08:41:15 AM »
My ex-wife is arguing that she is only responsible for a portion of the childcare payments, which come to approximately $600/month. Keep in mind, that when they are with her, they do not attend daycare, they stay home with her.

Am I wrong in thinking that she should be paying for the entire amount for daycare?

The child care is needed when the kids are in your care, but you think she should have to pay for it all? What am I missing?