Child support reduced by the fact that our son is in daycare?

[childrenRpeople]

What is the name of your state? CA

My ex is scheduled to start making child support payments. He does not feel that it is equitable that he will make child support payments based on the fact that I have our son most of the time since, as he puts it, "the kid is in daycare 40 hours a week."
I have been our son's sole financial supporter since he was born (3 years ago), and I have no choice but to put him in daycare during the day.
In child support calculations, is time in daycare factored out of the time the custodial parent has with the child?
It sounds like he wants to pay less since someone else cares for our son 40 hours a week while I work.

Any input?

 

[rmet4nzkx]

He hasn't been payng C/S for 3 years and he is questioning the fact that you have been the sole support and had to work because he was not providing C/S? In some cases day care is an added expense on top of C/S. He can complain if he wants but his history will be taken into consideration. Is this the first c/s order and he is just now paying, or was there one in place and he is only recently been found so he also ows arrears?

 

[childrenRpeople]

More info..

Well, we are still married, in the midst of the divorce process. We've been seperated since October 2003.
I realize that he could be asked to pay back support but during the time we were seperated, the man was not working consistently and fighting a drug problem to boot.
He is clean now and we have mutually agreed that he should start CS payments January 1st 2005 once he's had a chance to acclimate at a new career job.
So, do they consider the fact that our son is in daycare 40 hours a week when calculating dad's payment? This will be the first CS order. He is being so cooperative despite the few grumbles that I am inclined to do whatever he is willing. I've read that willing dads are more likely to stick to the CS arrangement than dads who feel forced.

 

[tigger22472]

He will either be ordered to pay a flat CS fee or he can be ordered to pay CS + a percentage of daycare costs. Just make sure when it goes to court that the judge is aware that there is a daycare fee.

 

[childrenRpeople]

Trying to settle out of court...

We are trying to settle out of court...we have lawyers to help with the calculations and such.
I am comfortable with the amount of the payment he has offered and he has also offered to help pay some daycare costs but now it seems he wants to reduce the CS based on the fact that our son is in daycare during some of my custodial time.
Is that something that is usually considered when approaching the issue of child support? Should he have to pay less since our son is in daycare during my custodial time?

 

[tigger22472]

We are trying to settle out of court...we have lawyers to help with the calculations and such.
I am comfortable with the amount of the payment he has offered and he has also offered to help pay some daycare costs but now it seems he wants to reduce the CS based on the fact that our son is in daycare during some of my custodial time.
Is that something that is usually considered when approaching the issue of child support? Should he have to pay less since our son is in daycare during my custodial time?

I would say no. With his history of problems it is not as if he could get custody even if he wanted to so the fact of the matter is that you are the custodial parent who has no choice but to put your child in day care AND IS in fact part of caring for the child. You really need to discuss this with you lawyer. With all the problems you have with him I'd run everything by the lawyer to make sure he's not screwing you because it seems he changes his mind to his mood of the day and you only want to settle this once.

 

[stealth2]

ROFLMAO Tell him to bite you. You have to work to support yourself and the kid. Therefore the kid has to be in daycare. If you take him to court he'll be paying support PLUS a portion of the daycare. What a maroon!

 

[tigger22472]

. What a maroon!

And what a pretty color Maroon is

 

[childrenRpeople]

Maroon

Yes, maroon is a lovely shade...exactly the same hue as a baboon's ass which brings someone I know to mind

Oh, did I say that?????!!!!!

 

[tigger22472]

Yes, maroon is a lovely shade...exactly the same hue as a baboon's ass which brings someone I know to mind

Oh, did I say that?????!!!!!

HA HA HA.. couldn't help but laugh at that...

 

[LdiJ]

Well, we are still married, in the midst of the divorce process. We've been seperated since October 2003.
I realize that he could be asked to pay back support but during the time we were seperated, the man was not working consistently and fighting a drug problem to boot.
He is clean now and we have mutually agreed that he should start CS payments January 1st 2005 once he's had a chance to acclimate at a new career job.
So, do they consider the fact that our son is in daycare 40 hours a week when calculating dad's payment? This will be the first CS order. He is being so cooperative despite the few grumbles that I am inclined to do whatever he is willing. I've read that willing dads are more likely to stick to the CS arrangement than dads who feel forced.

Yes, they certainly DO take the fact that your child is in daycare into consideration. It RAISES his child support however, it doesn't lower it.