Am I assuming correctly that mom is the one paying the child support?
Yes, the ex-wife has been paying child support since late 2002, my husband has had the children since she left and abandoned the kids in 2001.
Generally a motion to modify a support order requires a 15% change in circumstances. This can be due to another child being born, a forced layoff, pay cut, that sort of thing. Forget for now that you’re looking for a job, and use the appropriate calculator (I believe you will be using Calculator A) to figure in daycare expenses. Enter the amount right from the brochure. Then determine the difference between what she is paying now, and what she will be paying after. I am not sure how your income will play into the calculation–ask your DSS office for that information. It might require a re-calculation.
Child support has been paid pursuant to a parenting agreement/ consent order. The difference, even WITHOUT daycare, is more than 30%. Our concerns at this point are daycare expenses and the surrounding issues, thus the questions I presented. Thanks.
have you found daycare for the children?
if so, you have a signed statement from a daycare provider stating the cost of daycare. you will figure this into worksheet A.
if you haven’t, find one. that way when you’re ready to go back to work, they will have somewhere to go. her paying daycare expenses is not dependent on whether or not you work but whether or not the children attend daycare.
also, do i understand you correctly that the current support payments don’t include daycare expenses?
When you seek your modification for child support your current earnings and work related child care expenses will be plugged into the worksheet. As long as your child will be attending that day care and once you have actually started to incur the expense, it is appropriate to consider for support purposes.
I am not certain I understood your concern about being home with your step children. Please clarify your question and I will be happy to address it.
Deborah M. Throm
Rosen Law Firm
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Email: dthrom@rosen.com
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My apologies on not making the situation clearer. I am the stepmom. My husband has had primary custody of his children since their mother walked out 5 years ago. He has worked full-time all along. The Mother pays child support to my husband according to an agreement dated over 3 years ago. We are heading back to court to modify child support. I have been at home with my ‘new’ stepchildren for more than a year.
Do I need to actually have a job before the judge will add daycare expenses into the calculator? (Or is it enough that the children attend daycare becasue my husband works full time??) If I am about to start a job, will the judge consider the brochure listing cost from the daycare to be adequate proof of cost if we do not yet have a bill or payment record?? We would, of course, prefer that they NOT start daycare until I have begun a job, but court can’t wait until I have one!
I have been at home with my ‘new’ stepchildren for more than a year. My husband and I both felt it was very necessary… there had been no ‘mother figure’ in their lives for many years. Money has been tight without a second income, but the benefits to the children and to our family have been worth it! I have been seeking to re-enter the workforce for about six weeks, but nothing yet 
We are headed to court to modify child support, it has been three years and circumstances have definitely changed!
Questions: Will it work against us that I have basically provided free daycare and after school care for more than a year? Do I need to actually have a job before the judge will add daycare expenses into the calculator? If I am about to start a job, will the judge consider the brochure listing cost from the daycare to be adequate proof of cost if we do not yet have a bill or payment record??