When are Kids too old for for Child Care Costs?


#1

Hello,

My simple question is, do children ever become old enough that a parent can not claim child care expenses for them on the NC Child Support Guidelines? If so, is there an accepted age?

If a parent moves 20 miles away, and incurs school transportation costs, is the other parent obligated to pay part of the transportation costs as “child care costs” even if the kids no longer need supervision after school?

Background-

I pay 70% of my ex’s child care costs because of our income split. That is how it works out on the NC child support guidelines, it seems. Child care costs between the two parties are totalled, and then split according to income ratios. Is that a correct statement?

That’s fine, those are the rules. If my kids need childcare & supervision, I’ll pay according to the guidelines.

The youngest of my kids is soon to be 11 years old. At my house, he walks to school. When he is a bit older, say 12 or 13, he will no longer need anyone to supervise him after school. Currently, 4 or 5 days a week he is supervised by a sitter until 5:30. He has older siblings who routinely supervise him, and they are 13 and 15, but often they are not home until 5:30. So, when my youngest is older, and he doesn’t need afterschool supervision, at my house my childcare costs will go to nothing.

However, my ex lives 20 miles away. She moved to another town because she could buy a cheaper house there- that is the only reason. The kids are with her half-time. My ex has to pay babysitters to provide transportation for the kids to get back to Durham from Chapel Hill. The babysitters also supervise my 11 year old.

Because of her work, my exis going to have to continue to pay people to transport the kids from Chapel Hill to Durham after school even when my youngest is old enough to be by himself, say at 12 or 13. The kids won’t need supervision. They just need transportation because my ex moved 20 miles away and there is no bus service.

Is there any precedent to say that I no longer have to pay for transportation costs when my kids are old enough to take care of themselves, and the only reason sitters are still hired is to provide taxi service to Durham?

Thanks!


#2

You can file for a modification for this in your child support if you wish. There is no rule about what age a child no longer requires child care. If you have joint custody, then it will be between you and your ex. If you don’t agree with her and want the child care to not be factored in, you would need to seek a modification. It doesn’t appear that she has primary custody, but if she did then child care decisions would be up to her. If you seek a modification, know that it will be left up to the judge on how to factor this in and he will weigh the evidence in light of what he feels is in the best interests of the child. You will need to show that there has been a substantial change in circumstances.