As of 8/2016, we have 50/50 custody - a 5-2-2-5 plan. Income is consider negligible so there is no child support either way. On days we have the kids, we pick them up from school. We did this all of last year with very few problems. I was notified two days after school started that my ex (who is self employed and makes his own schedule and has for 18 years) requires work related after school care on his days and wants me to pay half. Am I responsible for half?
Unless the parenting plan specifies otherwise, no. Generally, after school care (day care) to accommodate a parent's schedule is not considered an educational expenses (being that educational expenses must typically be split between parents). However, an attorney would need to review the parenting plan to say for certain.
I am updating the practice area designation, this is more a child custody question than an education law question.
That depends. Work related child care costs, regardless of which parent needs the work related child care, are generally split between the parents either by including those costs in the worksheet used to determine child support and therefore are already included in the child support amount being paid, or are ordered to be paid in addition to child support. Usually they are divided between the parties in proportion to their gross incomes, not 50/50. However, if your current Parenting Plan/Court Orders do not have any provision for work related day care expenses, then you currently have no obligation to contribute to them. Your Ex would need to file a motion to modify child support, and the court might order you to contribute to them, depnding on a number of different factors.
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.
Mr. Geil's response is on point. If your parenting plan says that if a parent needs work related child care on his or her parenting time, that parent will be responsible. Otherwise, reasonable and necessary child care expenses related to a parent's work schedule are usually shared in proportion to each parent's income.
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