If children use state subsidies to help pay their childcare tuition costs the out of pocket cost (OPC) for the custodial parent is significantly lower than if they did not use subsidies. The OPC for the parent is a % of their monthly income & the subsidy covers the rest of the childcare tuition. Once child support is established the OPC for the custodial parent will increase since their monthly income increases with the support. That leaves the child support calculation inaccurate since the total OPC will then increase and the parent owing support would then owe more (vicious cycle). When calculating the children's overall childcare costs can it be calculated as to what the children cost w/o subsidies in order to get a more accurate figure so that the amount does not continue to change?
Family Law Attorney
No. Child support is not income to the receiving parent. A court will generally use the amount of childcare costs actually paid. In addition to using the reduced amount if you get a subsidy, the court can also subtract the tax benefit.
This answer is provided for general purposes only. If you need legal assistance you should consult with an attorney. If you wish to discuss the facts of your case with me, please feel free to contact my office via the information below. Please note that neither my response to your question nor your contacting of my office creates an attorney-client relationship. Christopher Tamms Tamms Law Office, LLC 6457 Reflections Drive; Dublin, Ohio 43017 Phone- 614-859-9529 firstname.lastname@example.org
Divorce / Separation Lawyer
It would be inappropriate to use the full amount of the child care cost to calculate child support because that is not the actual cost to the residential parent. If the change in the subsidy would be that significant after the receipt of the increased child support, then you can invest in having a representative of the subsidy program testify as to how the subsidy would be affected as the result of various levels of child support increases. Then the Magistrate would be able to factor the change in the subsidy into the support calculations and it would not be inappropriately determined. Otherwise, once the support is calculated, if the change in subsidy does not change the amount of support payable by more than 10%, the court will not re-calculate the support over again.
IMPORTANT LEGAL NOTICE: Mr. Piper's response set forth above is not legal advice and it does not create an attorney-client relationship. Mr. Piper's responses to all questions posted on AVVO are intended to provide general information based upon the his understanding of the facts stated in the question, and are for the general educational purposes of the public, not any specific individual. Also, a particular case may involve additional facts and circumstances which might invalidate some or all of the concepts provided in this answer and therefore you should not rely upon this answer in any individual situation. In order to offer legal advice about this or any similar situation, a qualified attorney would likely need to consider many factors not stated in the question and would need to question the potential client in order to clarify the specific facts operable in that case. If you would like to obtain specific legal advice about this issue, it is recommended that you contact an attorney in your state. Mr. Piper is licensed to practice law in the State of Ohio, and may be contacted directly via email at: email@example.com.