Work related child care


#1

Your firm represented me a few years back in my divorce. Your team did a great job - thank you.

In my separation agreement, part of the child support calculation included worked related child care expenses.

Since my son has turned 12 he is now able to take the after school bus thus reducing my work related child care expenses.

My ex is claiming the money that normally would have gone to work related child care expenses should now go to her because it was a part of the overall child support calculation.

There is no specific language in the separation agreement that states what happens when work related child care expenses cease to exist. It has to be assumed that at some point in a child’s life that these expenses will not continue.

My question is - what happens to the work related child support money that was used to calculate the overall child support?


#2

Child support is always modifiable; once you no longer are paying work related child care, it is time to reevaluate your child support calculation. You have several options. You can get an idea of what your child support obligation will be by using our child support calculator, and you and the other parent can amend your separation agreement to include a new child support obligation. Or, you can simply start paying the lower amount and see what her reaction is; she can always file an action for child support in court, but the judge is simply going to run a new calculation (excluding work related child care). You are certainly not on the hook to give her the money you used to pay in child care.