Child care is an expense that is allowed to be included into the child support calculator for the parent that pays it. If it is not being paid, it can not be included into the calculator. The amount put into the calculator should be the amount that you are paying in child care if you are paying for it or the amount that your ex is paying if he is paying for it. Not the amount that might be paid or should be paid.

Your ex will owe you additional child support for the period of time when he was not paying you enough. The court will figure child support based on the current circumstances. If your intention is go to back to work, you need to do everything you can to secure employment before the hearing. If you are employed the court will allow you an expense for day care even if you have not yet enrolled your son because of the past due balance. Your lack of employment generally will not negatively affect your custody situation, unless your spouse can prove that your lack of employment is part of a pattern of instability.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

My ex has not been paying enough child support according to the NC Guidelines. However, just recently, I lost a job that was a “casual, temporary” which changed my income dramatically. On top of this, my son’s daycare expense alone was more than my ex paid per month (we actually have two children–one in school). Due to my financial straits, I have not been able to pay the child care for some time and have accummulated quite a bill. So, this week, the day care said my son can no longer return. Since this expense is figured into the calculation of what the non-custodial parent should pay and I no longer have this expense, the “child support calculator” actually now says that he should pay LESS than he currently is and I just recently scheduled a temporary child support hearing (he is suing for custody). I need this day care so that I am able to look for a job and to actually go back to work once I find one. What do I do? Can I still claim this as a “work related day care expense” if my INTENTION is to get him back because it is a needed service although he isn’t actually in at the time? Also, can my lack of work impact my case as far as the possibility that I may lose the children? I do work two days a week currently.