When dealing with family law, it is true that often there is black letter law, but then there is the interpretation by the judge and the judge's viewpoint of the overall circumstances. So regardless of whether or not the attorney is right, make your arguments anyway regarding why the child care should be a part of the calculations. If your judge or master agrees with you after looking at all the circumstances, then you win on that point. I have on many occasions obtained results by judges which do not exactly follow the law, because the overall circumstances favored a different result. So if you argue for what is fair, and reasonable, perhaps the judge or master will agree with you. Do not take the opposing attorney's word for anything. Ask the opposing attorney to prove that something is indeed the law. Then argue for what is "fair" anyway. This is what attorneys do, so you might as well do the same thing.
If everything in law were black and white, with no need for any interpretation or argument, then there would be no need for attorneys, and there would be no arguing by attorneys in court. If you want specific legal advice, I suggest you consult with an attorney.
Office: (410) 381-1656. This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California. Office: (410) 381-1656. David Mahood, Esq.
The statute provides for the inclusion of child care costs regardless of the type or hours of the employment or job search. The particular circumstances of your case will need to be presented to the Judge or Master. If alimony is at issue in the case, perhaps your husband and his counsel may wish to consider whether he stands to benefit from you completing your education to enhance your earning capacity and therefore reduce his support obligation in later years. It may make some sense to pay for the cost of child care to enable you pursue that education if it benefits the family overall. These questions cannot be answered in a vacuum. If a compromise cannot be reached, that is why we have Judges and Masters. This will all depend on the particular facts and circumstances of your case. There is a great deal of information that it would be necessary to have before rendering any more meaningful advice. Has mediation on the financial issues be attempted? If not, I highly recommend it with a local attorney who is familiar with the law and its application by the Montgomery County bench in such circumstances.