I am ordered to pay child support in addition to half of all child care costs, which can be interpreted in many different ways.
My children attend programs before and after school that provide care but are not technically called “daycare.”
So am I responsible for those costs? How do child support laws define child care costs?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia child support laws where I am licensed to practice.
In my state, the child support laws define child care as follows: “Work related child care costs” means expenses for the care of the child for whom support is being determined which are due to employment of either parent.
In an appropriate case, the court may consider the child care costs associated with a parent’s job search or the training or education of a parent necessary to obtain a job or enhance earning potential, not to exceed a reasonable time as determined by the court, if the parent proves by a preponderance of the evidence that the job search, job training, or education will benefit the child being supported.
Regardless of the actual word that was used in the final divorce decree to define the child care that was used at that time, the afterschool care is more than likely to fall into the category of what you are required to pay, pursuant to the information you have provided.
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If you discontinue paying the afterschool care you may be subject to being found in contempt of the divorce decree which may be punishable by jail until the outstanding debt is paid. You also have the option of filing a Motion for Declaratory Judgment asking the judge to spell out what exact expenses you are required to pay pursuant to your divorce documents.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Atlanta, Georgia Divorce Lawyer Amber R. Piotrowicz, contact Cordell & Cordell.
3 comments on “How Are Child Care Costs Defined?”
I am currently paying child support of my 14 y/o daughter to my first wife. I now have a 2 year-old from another marriage. When calculating my new CS obligation to my ex can I put the work related childcare cost of my 2 year-old as an expense against my income in the worksheet??
I pay 76% of my ex wife’s child care expenses per our divorce decree. She is going to stop using the day care facility that she has used for a couple of years and have someone come to her home as a nanny. She will not provide a tax ID number for this individual (requested so that I can claim the expense on my taxes). My concern is this; do I have to pay to have this person cleaning her house, doing her laundry and preparing dinner as I know that these services are often included in “in home” nanny services. I am being provided no documentation for what services are being charged. Additionally, I am suspicious that the “nanny” is her 13 year old niece- do I really have to pay a child? Do I really have to pay when there is no invoicing or tax record? On a side note, I have offered to watch the kids for free to which she refuses in less I meet unreasonable demands that she has requested and which have nothing to do with my boys. Not sure that makes sense, but would love some guidance!
In my parenting plan we have 50/50 custody but the joint decision making consist of work related daycare . If I have a family member willing to care for my kids for the summer do I need him to agree to it?