Is it possible to calculate child support for daycare costs using the total tuition cost for the children if they use subsidies?

Asked over 1 year ago - Cincinnati, OH

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?

Attorney answers (2)

  1. Christopher Joseph Tamms

    Contributor Level 16

    3

    Lawyers agree

    Answered . 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... more
  2. Brian Scott Piper

    Contributor Level 15

    3

    Lawyers agree

    Answered . 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... more

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