Ask A Lawyer: Can I Get My Child Support Reduced When I’m The Daycare?

Question:

I am recently unemployed. I would like to watch my kids during the day since their mother still works, and reduce my child support by the amount included for daycare expense. Are there rulings to support this request? I have 2 weeks to provide an objection to my child support recommendation which is 91% of my unemployment check. I’ve already suggested this to the mother, and she has turned me down.

 

 

 

 Answer:

That’s great that you’re going to get to spend more time with your kids.  But in effect, it sounds like your asking to be paid as a daycare provider.  I don’t think that’s probable.  However, given that you are receiving unemployment, which means you were laid off (and not fired for wrongdoing), your child support obligation can likely be modified due to the decrease in your income.  Instead of basing your obligation on what your income was while employed, the child support obligation can possibly be modified to reflect what you are currently earning on unemployment.  However, given that unemployment is short term income, you may decide that it’s better to wait.  Once you do get a job, your income may be lower than it was at your last job, which gives you incentive to modify the child support obligation.  On the other hand, if you end up making more money than what your income is indicated as on the child support calculation, then your kids’ mom will have incentive to modify.  You should consult with a local attorney to discuss whether it would be financially beneficial for you to pursue a modification based on your decreased income. 

 

Claudia J. Weaver is an Associate Attorney with Cordell & Cordell, P.C., in Overland Park, Kansas. Ms. Weaver practices exclusively in the area of domestic relations.

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