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My ex and I cannot agree about child support payment and the day care costs that should be factored in.

Reston, VA |

She is stating that she should get credit for her monthly child care costs for when she is working, even though i have offered to provide care. This is for our daughter who we share joint physical/legal custody. She says that its best for our daughter to be in a daycare where she can develop social skills. I told her that the courts will consider that i'm willing to provide the care but she still demands the credit for costs because she thinks it's better for our daughter to be around kids. Will the Virginia court consider her argument? I

Attorney Answers 1


"F. Any child-care costs incurred on behalf of the child or children due to employment of the custodial parent shall be added to the basic child support obligation. Child-care costs shall not exceed the amount required to provide quality care from a licensed source. When requested by the noncustodial parent, the court may require the custodial parent to present documentation to verify the costs incurred for child care under this subsection. Where appropriate, the court shall consider the willingness and availability of the noncustodial parent to provide child care personally in determining whether child-care costs are necessary or excessive. Upon the request of either party, and upon a showing of the tax savings a party derives from child-care cost deductions or credits, the court shall factor actual tax consequences into its calculation of the child-care costs to be added to the basic child support obligation. "

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Julia Jane Wills Ovando

Julia Jane Wills Ovando


It's a wonderful thing when there is a answer right out of the Code of Virginia that is perfectly on point!

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