day care with support

[Marc]

Is day care expected to be a 50/50 expense? If she has primary custody, is this something I need to provide as part of child support or do we split it as I expect we would split school expenses, activities, sports, etc.? She thinks I should give her CS + day care money for which she can then go and determine where best to spend it. My belief is that since day care expenses will change over time (as the kids are then in school and the day care cost goes down, etc.) that we should simply split it evenly outside of any support payments that are fixed. No sense in going back to court every time to get the amount changed to suit changing situations anyway if possible.

On the CS calculation, the amount changes based on how much you state is being paid for day care. Problem is that it doesn't presume that one parent pays, that you share, or that it may even be part of the calculation. Certainly it would be beneficial to have it outside the CS amount, but of course she also wants her money.

[HP]

Your only obligated to pay what is specified in your divorce decree. CS is in most states is considered part of child care expenses.

If she can not afford child care on her own, then she needs to look into other options, such as family members, or your family members. If she doesn't like it then tough! Its her responsibility unless it is specified in the decree that you split daycare expenses.

The only thing your OBLIGATED to pay is what your divorce decree or child support order states. Anything else is considered kindness of your heart, or a gift.

In my state (Ohio) anything you pay above and beyond the child support agency to your ex is exactly that. A GIFT.

[nuke]

Not sure what state you are in, but some states consider childcare to be a part of CS and other (such as CT) considers that to be an extra expense to be split by the parties. Some states do a 50-50 split while others do an income-based split.

[Scott]

My state is IN. The child support calculator asks how much child care is paid by each party. Of course, I put zero in there assuming that if I pay anything, we will split it. Otherwise, I obligate myself to a ton of child care and my CS only gets reduced by some measly amount that is not anywhere near to what I commit to in child care.

Any idea, in IN or anywhere, whether I am obligated to pay child care at all? I am fine with 50/50 but she thinks I pay it all simply because I make so much more than she. My worry - that's exactly what the courts will say.

[stlbob]

If it's not in the decree, you don't have to pay anything. If she goes to have it put in the decree, it depends upon your state law.

In Missouri, daycare costs are considered a support expense, and are figured into the formula. For example: If you each make $2,500 a month and have 2 kids, the support amount would be $545. If the CP pays $600 a month in daycare, support amount would be $805, so you're paying an extra $255. If you were making $5,000 and she was still at $2,500 your support would go from $906 to $1,253, an increase of $347.

For Missouri child support calculations, see http://www.rollanet.org/~hclaw/child_support_form-01_03.html.

[Gecko]

Is day care expected to be a 50/50 expense? If she has primary custody, is this something I need to provide as part of child support or do we split it as I expect we would split school expenses, activities, sports, etc.?

It depends up what state you are in. Some states include such things a Daycare, Medical Insurance, Extraordinary Medical and School Expense IN the child support calculation, others calculate it separately. It would help if we knew what state you are in.

[Lawmoe]

The answer depends on your state laws and your court order.

You are only required to pay what your court order says. If daycare is not mentioned, you pay no contribution currently. However, under soms state laws, if the issue were to proceed to Court, you would have to contribute to daycare as well as child support. Minnesota has a such an obligation and other states, like Wisconsin, allow the Courts to consider daycare as a reason to award more child support.

Regardless, suffice it to say, if it is not in your order, do not pay it.