How do child care costs get factored into child support?

The costs of child care, such as daycare or babysitters, is factored into the equation when a court is calculating how much child support one parent needs to pay to the other. How exactly this calculation is made varies by state, and is an important aspect of family law. In the majority of child support cases, however, the cost of child care is split 50/50 under the law.

Calculating Child Care Costs 

Factoring in the cost of child care is a more complex situation than it seems at first glance. Immediately it seems clear that child care costs are in direct support of the child, and thus should be factored into child support as any other cost would be.

However, the implications of child care are likely that the custodial parent is working, which means that he or she is earning income. Not only does this increase the total amount of income available to support the child (thus affecting the calculations), but it can also be argued that the custodial parent’s income is also supporting the custodial parent as well.

In some states, you’ll find various clauses that navigate this situation by looking at the specific factors and that make a legal decision based on these factors.

Many states, however, avoid all of the confusion by simply setting a legal “definite” at 50/50.

What this means is that the cost of child care in total is taken and divided in half. Half of that is considered the responsibility of the custodial parent. The other half is lumped into the other expenses the non-custodial parent is obligated to pay, and this dollar figure used accordingly when calculating support payment amounts.

When it’s all said and done, remember this: the law is clear on those who fail to pay child support — at the state level, and even at the federal level. 

Child Support Determinations

Child support determinations generally also take into account the income or earning potential of each parent, the fixed monthly expenses of each parent, and the number of children.

It’s also important to remember that each state has its own unique formula and calculations. As a result, child support laws in Georgia will be different from those in New York, Texas, Florida, and so on. 

Therefore, it’s important to consult with a lawyer in your local area to determine exactly what child support may be ordered. 

Case Studies: Child Care Costs and Child Support

Case Study 1: Equal Division of Child Care Costs

The law stipulates that child care costs should be split equally between the parents. Let’s consider a case where both parents have a monthly child care expense of $500.

According to the law, each parent would be responsible for $250, resulting in a total child care obligation of $500.

Case Study 2: Income-Based Allocation

A child support calculations take into account the income or earning potential of each parent. Suppose Parent A earns $5,000 per month, while Parent B earns $3,000 per month. Additionally, both parents have a monthly child care expense of $600.

The court determines that Parent A’s income covers 60% of the total combined income, while Parent B’s income covers 40%. Therefore, Parent A would be responsible for 60% of the child care costs ($360), and Parent B would be responsible for 40% ($240).

Case Study 3: Fixed Percentage Allocation

The child care costs are allocated based on a fixed percentage. Let’s say the law in this state mandates that child care costs are split 70/30, with the custodial parent bearing the larger share.

In a case where the monthly child care expense is $800, the custodial parent would be responsible for 70% ($560), and the non-custodial parent would be responsible for 30% ($240).