Paying Child Support and Daycare During Separation Period

Albany divorce lawyer Asa NeffQuestion:

My wife and I our separated and she wants me to pay child support in addition to the expensive daycare costs I cover.

Do I need to pay child support and daycare before we file for divorce? Right now we have roughly equal amounts of time with our child.

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New York divorce laws where I am licensed to practice.

First and foremost, if there is no order currently in place directing that you pay child support, then you are not in violation and have no obligation to pay child support. If you have shared physical custody with equal time, then there may not ultimately be a child support obligation at all.

This will depend largely on your income and your wife’s income. If you make considerably more than she does, there may be some support; if she makes considerably more than you, you may be in a position to seek support yourself.

As to daycare, this is often considered separately and in addition to child support. The courts often order each parent to pay their pro rata share of daycare, meaning the court will calculate the total income of you and your wife, determine who makes what percentage of the total amount, and order payment of daycare be split based upon those percentages.

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 New York Divorce Lawyer Asa Neff, contact Cordell & Cordell.

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2 comments on “Paying Child Support and Daycare During Separation Period

    This is my big question as well
    I have had a separation agreement in place telling me I owe her 278 every week which I have been fulfilling for 2 years but we still aren’t divorced..so I give her 250 a week because I moved 45 minutes away and now she makes me do 100% of the driving back and forth twice a week (kids sleep at her house weeknights since my sons school is in her town), but my big questions are a) should I just drop CS or cut it in half until an order is actually in place since she does nothing for the kids barely…and b) I just took them for 7 days, should she still get paid the same outrageous amount? Keep in mind I make 5k more than her, paying about 40% of my net pay, and I have the kids 2 days a week and every other weekend.

    Trust me on this
    Have someone professional (male) do the child support worksheet based on your and her income. Have them calculate in the daycare. The amount will be the amount your judge will most likely order. Don’t give her cash – write checks or cashiers checks. You will regret paying her more than this because you’ll never see that money again.

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