Daycare and child support can be tricky for many when in the midst of a divorce or a child custody matter. In many cases, both parents may desire full-time employment. However, the cost of daycare can be a significant dilemma.
When parents split up either through a divorce or paternity case, how is the cost of daycare paid? Is the daycare part of child support? Or is daycare a cost on type of child support? This is a question many ask in Missouri.
The reality is that judges have lots of discretion as it relates to daycare. Child support in Missouri is determined by the calculation of Form 14. Form 14 determines presumed child support while considering multiple variables.
One of the variables that can be considered in determining the presumed child support on Form 14 is child care costs. Thus, a judge may decide to take the amount of child care costs and include them on Form 14. Conversely, a judge can ultimately decide to leave child care costs off the Form 14 and simply order the parties to pay the child care costs, in addition to the child support, in a separate order of Form 14.
What are the advantages and disadvantages of both options? For the parent receiving child support, they might feel more assured that they are receiving their portion of the child care costs as part of the child support. This can be particularly true in cases where the parent paying child support is paying under a wage withholding order. The parent in this situation can feel assured that they will be receiving their portion of the child care costs.
On the other hand, when there are small children, at some point, child support may longer be necessary. For this reason, the paying parent will likely prefer that child care costs be left off the child support calculations and be part of a separate order. Otherwise, they will likely have to file a modification in the future when children grow older and child care is no longer needed.
If you are going through a child support matter involving daycare, Stange Law Firm, PC can help. You can contact us at 1-855-805-0595.