Another Divorce with Kids Question

Updated on June 24, 2011
T.L. asks from Austin, TX
14 answers

So, in addition to my soon to be ex husband paying for child support, should he also be responsible for paying half of the childcare costs? I have not had to work full time or even part time almost the whole time since having our two girls, ages 3 and 9 months; but now going back to work full time and need childcare and it is quite expensive. What do you think?

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M.M.

answers from Dallas on

That is part of the child support - it is to be used for childcare, clothes, food etc... I have not heard of a parent paying child support plus childcare costs - not to say it doesn't happen though. The amount of child support should include covering childcare cost.

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S.J.

answers from St. Louis on

Should he be? Of course. Will he be? Probably not, unless you have a divorce decree that says so.

Do you have a lawyer? These are really questions that should be posed to him or her.

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C.M.

answers from Johnson City on

There are 17 different calculations taken into consideration when determining child support. One of those is child care costs. When your attorney files for child support, make sure he/she includes the cost of child care. In the state of TN, it is almost dollar for dollar for child care. There are several online calculators you can download to figure it out. They are usually within just a few dollars of what the court system figures out.

GL!

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B.M.

answers from Chicago on

Hi,

Yes, it should get figured right in to the amount he pays each month - typically each state will have a worksheet guideline that includes either a base cost or % for childcare and medical basic monthly expenses, in addition to what they call the "cost of the child".

I'm not sure about Texas - but most states then figure out a % for each of you and that is what you pay for additional childcare, medical co-pays, extracurricular activities etc.

It just depends on who agrees to what though...... you can modify anything as long as you both agree.

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J.B.

answers from Boston on

Check the guidelines in your state. I believe that in my state, it is assumed that the baseline child support will pay for part of childcare, so you typically don't get that assigned over and above the basic child support guidelines, but every state is different. My child support order did not include an additional cost for child care and my husband's order for his daughter didn't either. If he can afford it though, and your divorce is fairly amicable, there's no law that says he can't agree to pay above the guidelines so you can always ask, but you may not have the law on your side.

Good luck!

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T.N.

answers from Albany on

Of course childcare is one of the many factors considered when determining child support. When asked for an approximate amount it will cost, DON'T ROUND DOWN! And it won't be HALF either, if he MAKES more, he'll PAY more.

I hope you're discussing these things with your own attorney, not a mediator.

:(

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K.P.

answers from Seattle on

I dont think thats unreasonable at all. He should have to pay, why should he get off the hook, and the financial burden be on you?

Talk to your lawyer and ask them about it, and see what you really can do.

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C.P.

answers from Provo on

Every state has their own little differences in divorce laws. In my divorce papers it says that everything is split right down the middle. He is required to pay half of the childcare costs. I also have clothing allowance put in the papers because when the children get older it becomes so expensive to get them into school. I also get child support on top of this. Talk to your lawyer and most of the time it can be added.

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T.S.

answers from Dallas on

Just went thru divorce.....child care is something he can pay for if he wants to out of the kindness of his heart. You get child support and that is to cover child care, school, food, shelter, etc. It will state in your decree that he is to pay 1/2 medical and provide insurance for the child. If you want him to provide insurance or you can. Mine is child support, 1/2 medical (which he doesn't do), and I provide insurance (because I knew he wouldnt). But talk with an attorney and yall do what is best for the 2 of you (you and the child).

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S.C.

answers from Milwaukee on

Depends on your state. Ask your attorney. I have friends that get their full child support and half the daycare costs. My attorney never thought to add in child care and I didn't either so I don't get it.

M.M.

answers from Tucson on

I'm glad you asked this question. i am also going to have to get a job after my divorce is final. i have a 6 wk old, 7 yr old, and 2 yr old. I get $500 a month in child support (temp orders). Enough to cover diapers, toiletries and pay my utilities right now. That wont even pay half of daycare costs for me. My ex has agreed to pay half of the child care costs, but that doesn't mean he will. I will have to tell my lawyer to make sure that gets put on paper! Thanks!

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A.G.

answers from Boston on

If he is paying for child care than the amount you will get weekly or monthly will be lower. The will deduct any child care cost he is paying before determining the weekly/monthy child support you will receive.

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R.J.

answers from Seattle on

In our state there are over 25 categories (many with multiple lines) that go into determining monthly child support. My lawyer went over best/ probable/ worst case scenario with me. Worst (just off of his income alone) was $800 a month. Best (based off all the other calculations) was well over 2k. 3 times what his 'income alone' calculation was.

Your lawyer can file a motion to change it IF your state allows for changes upward (some have 3 year minimums, so one would have to wait 3 years before attempting to raise the amount).

M.D.

answers from Dallas on

I agree with Momma11, it's part of child support payment... most of the time it doesn't cover as much as it really cost to support children.

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