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I am wondering if a babysitter counts as childcare when it comes to calculating child support for my children?

Colorado Springs, CO |

I am current on my child support. I filed and child support readjusted in Feb because my ex wife's income had changed significantly since our first court date. She notified the court that she would have the children in Kinder-care, which is a licensed daycare provider here in Colorado. And would continue it through the summer when the girls were not in school. Today I get a text saying that they will be out of Kinder-care for the summer and with a babysitter. The babysitter is a family member and not licensed, but I'm not sure if it counts as daycare when it comes to the child support worksheet. Also now I'm making about half of what I was making then because I was in school, If I file a new financial statement will child support take it into their own hands to readjust child support?

Attorney Answers 3

  1. Best answer

    A babysitter whether family or not counts as daycare to the extent they are actually being paid. If you are voluntarily underemployed a child support calculation will be base on the amount you are capable of making (imputed income). If the resulting amounts cause a 10% or more change and you file a motion for modification of the support order you can have it changed. Child support enforcement will not initiate. During the motioning process is when you file you financial affidavit at which time mother will need to file hers. Make sure you know the numbers before you file anything. An in person consultation with family law counsel could help you avoid mistakes.

  2. CSE will do nothing for you. You have a right to request an annual review, but they have no authority to change child support. Only the court has that authority. In addition, a court may only change support payments which come due after you file a motion to modify child support with the court. Asking CSE for a review is not the same thing as filing a motion with the court.

    If your Ex is actually paying the family member to provide child care while she works, then that is a legitimate child care expense for purposes of calculating child support.

    Finally, a court may not reduce your child support because you chose to return to school and lower your income.

    You should consult with a competent family law attorney is your area to discuss the specifics of your situation before you decide to do, or not to do, something. Child support is a complex matter what requires having all the relevant facts in order to offer an informed opinion. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.

  3. There are several factors you will want to evaluate before you determine whether it's worth the cost and stress of going back to court on the offensive, or alternatively, if on defense, . Regardless, your question lacks sufficient facts with regard to your brief explanations We need the ages of the children and a greater understanding of the case-specific cases. Not sure what exactly you you mean by "take it into their own hands.." I'm guessing that you are asking what procedures are used for both people can ask the judge to help them get what they want when it comes to the law and whether both requests for modification of child support would be reasonable.

    To enable a stronger understanding of Child Support rules and obligations by those parties who can't afford to hire an attorney, Jessica Peck encourages you to visit her website at

    evaluate, based on the motion by one impute a minimum 40-hour work week at minimum wage, currently set at $8/hr or approximately $1280 for the average month. For parties making less than this amount (at approximately at $850 or lower) per month,

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