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Can child care costs be factored into the child support calculations if the parent receiving child support is in university?

Rockville, MD |

I need to know more about child support. For P/L purposes the cost of child support was not factored into the child support calculations because the opposing counsel said it does not count as being "work-related". I am in school full-time and work part time. Is it true that I am not entitled to help with the costs of child care?

We are in Montgomery County, MD and we have an upcoming custody trial.

Attorney Answers 3

Posted

Unfortunately, based on statute, the answer is No if you are in Maryland. I know, because as a legislator I attempted to have the law changed, and I was unable to receive enough support for the legislation. Other jurisdictions may have different views, so it depends on where you are residing (not where you are going to school).

This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you because you have not yet retained me, and because you have not provided me with a COMPLETE set of all the FACTS in your legal situation. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. This answer is provided as GENERAL INFORMATION ONLY, and to assist you in beginning your own research or in finding an attorney to represent you. I am an attorney licensed in Maryland and California. If you want me to provide legal advice, then you must call for a Consultation. If you would like me to represent you, then a Retainer and a fully signed and dated Legal Services Agreement (a contract) will be required.

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Asker

Posted

Thank you. It's unfortunate, but I guess there's nothing I can do about it.

Cathleen Marie Vitale

Cathleen Marie Vitale

Posted

I would still up forth your position to the Court. The Court can consider when determining child support, any other factors that the court deems appropriate. IT does not mean that they will not consider it, there is just no statutory right to require them to consider it. If you can show that you are in school to obtain a degree for a better job or perhaps that you have no other alternative... I would always try. The worst that happens is that they don't include it. The best that happens is that they do. Good luck.

Posted

Unless I misunderstood your question., I would say yes, at least in Florida.

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Asker

Posted

Thank you for your response Mr. Schwartz. To clarify, are you saying 'yes' the costs can be factored in or 'yes' I'm not entitled to the help?

Posted

I am not going to address the black letter law, which has already been addressed by counsel. However, in Maryland family law judges do have flexibility to consider all factors. You did say that you work part-time so you can argue that at least some of the child care costs are work-related. Furthermore, a judge or master can appreciate that you are not wasting your time, that you are trying to make something of yourself, and that the child care costs should be used in calculating child support, if not based on statute, at least based in fairness. One day your education will surely result in higher income and this will affect any child support to be paid or received. Also, by making these arguments, you set yourself up for other good decisions later on. Just put together all of your good arguments and present them all. If you lose in this matter, you might say something to the judge or master which will benefit you later on. This is what we attorneys do, we make all the arguments possible, because we never know which one will carry the day. And sometimes when we win an issue we have no idea why we won, we are simply thankful that we won. You can approach your legal battles with the same positive attitude. And keep that positive attitude because positivity is always the BEST policy.

Office: (410) 381-1656. This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California. Office: (410) 381-1656. David Mahood, Esq.

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Asker

Posted

Thank you for this answer. I'll be using this advice.

David Raymond Mahood

David Raymond Mahood

Posted

You are very welcome.

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