I have a current child support order that states the noncustodial parent is to pay $322 a month in support, plus 43% of childcare. I am requesting back child support and updating my income to reflect what my net pay was at the time. My employer was paying a certain percentage of child care costs for me after I applied for the subsidy program. Does that amount get subtracted from the actual childcare costs I am requesting? If so, does it get subtracted from my portion which is 57%. I had to pay all the daycare costs upfront and the daycare just credited my account with them once they received payments from my subsidy from work; which was generally months later. Sorry if that's confusing. I don't think the other parent should benefit from a program I applied to from MY JOB.
It is hard to answer this without more information and seeing your specific Order of Child Support. Generally, the out of pocket expense is split between the parents by comparative net incomes. That would mean the net amount after the subsidy. If however the subsidy is taxable income to you (reflected on your paycheck and W-2), then i would argue that the subsidy is part of your payment, and he has to pay his share of the entire amount. You should have an attorney review this to get a definitive answer.
Mr. Mogren is generally correct...it depends upon what your order says and how the child care subsidy is provided to you. Is it listed as taxable income to you? If so, I'd argue it only applies to your share. Further, if the order is silent, I would disclose all facts to the court and again argue that it only applies to your share and not his.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline