The Court can also set child care support in addition to basic child support if a minor child is receiving child care as a result of the custodial parent’s work schedule and/or education schedule.
Child care support does not include costs the parent is incurring for other activities (e.g. entertainment of that parent or having a babysitter watch the child for non-school or non-work activities). Child care costs may include the cost of daycare, before-school and after-school expenses. Typically, child care costs are divided between the parents in proportion to their individual incomes. The child care costs are also reduced by estimated state and federal taxes so that only the after-tax child care costs are included.
The amount allocated for child care can be modified if costs substantially increase or decrease. Obviously, child care support ends at some point. If the child care costs are not actually being incurred at any point in time, child support enforcement agency must suspend the collection of the child care support. The agency must verify that the costs are no longer being incurred before suspending collection.
As the need for child care decreases as the child gets older, the child care support obligation may reduce and ultimately will go away entirely. This is unlike the other two types of support (basic and medical support), which typically remain in place until the child is 18 years old. Child care costs may be reimbursed if you are overcharged by the county.
It is important to note that work-related or education-related child care costs may only be claimed by the parent who has custody of the child. The statute addressing child care expenses specifically excludes the non-custodial parent’s child care expenses. In other words, the pertinent statute only takes into account the custodial parent’s child care expenses.
Determining the appropriate amount of child care support is challenging. With the help of an experienced attorney, you can make sure to receive the representation you deserve. At Alithis Family Law, our Minnesota Child Support Lawyers pride themselves on how they serve our clients. Please reach out today for your free consultation—you can call our office at (952) 800-2025 or contact us by email at info@alithisfamilylaw.com.
