In my child support review, the percentages on the child support worksheet indicate I should be paying 70% of child care costs while my wife covers 30%.
However, my divorce decree says we should split child care costs “equally” in the event my ex-wife needs to use child care, which she is indicating she may have to if she gets a full-time job.
Will child care be included in the worksheet to determine child support guidelines? If so, should the judge abide by our agreement and leave the child care off the worksheet or is there a chance the judge may disregard our previous agreement?
I am not licensed to practice law in your state so I cannot offer legal advice on divorce. However, I can give you general divorce help for men that may be useful to you.
Generally, child care can be included in the worksheet for calculating the child support.
However, if your settlement agreement orders that you both pay equally, I would think that should stand. Unfortunately, that decision will rest in the discretion of the judge.
The child care costs must be work-related child care, meaning only necessary due to one’s work, which generally should be full time.
I would think she should need to prove that the child care is actually necessary. The child care can also be left off of the calculation and you both just pay the child care provider directly in your respective portions.
Again, as I am unfamiliar as to the specific laws for your state, I recommend speaking to a lawyer licensed in your state for legal advice on divorce as soon as possible, as it may take some time to navigate the court system.
Cordell & Cordell has mens divorce lawyers located nationwide. To arrange an initial consultation with a Cordell & Cordell attorney, including Janet Yu Johnston, an Associate Attorney in the Louisville, Kentucky office, please contact Cordell & Cordell.