A parent who does not have custody of a child can not claim work-related or education-related child expenses.
The argument that a non-custodial parent should be allowed to claim work-related or education-related child care expenses is non-meritorious becasue 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. The logic (purely speculative on my part) seems very straightforward: It would make very little sense for a non-custodial parent to be awarded parenting time if he or she cannot exercise parenting time. Moreover, the non-custodial parent could always schedule his or her work hours during the scheduled parenting time and argue for a decrease in childcare support.
