Who pays child care?

[sudofdisk]

What is the name of your state (only U.S. law)? Colorado

I am just curious how child care expenses are usually determined. We have been separated for 2 years now and have had 50/50 custody. I have been paying child support (above what the worksheet says) but there have not been any child care expenses up to this point. He situation is changing and it looks like there will be. So far we haven't filed paperwork but we will be soon. We are trying to do it as co-petitioners and thus far we have been able to agree on most things. This one we are having a hard time with. There is a large disparity in income (she makes ~20k I make ~100k) in this situation is it likely a judge would decide that I pay all child care expenses?

 

[mistoffolees]

Unless you agree on something, you will each be expected to pay your own child care expenses. Helping to counter that is that if you're making 5 times as much money, you're likely to continue paying child support even with a 50:50 living arrangement.

Bottom line is that if you can work out a better arrangement than each paying your own, that would be the most desirable situation. Keep in mind as you calculate it that taxes enter into it. Child care may be deductible, depending on your situation, and the deduction may be worth more to one of you than the other. So, it may be preferable for one party to pay most or all of the child care in exchange for a different child care figure.

Keep in mind that child care can be modified. For example, let's say you give her a large amount of cash at the time of the divorce and she accepts lower child support. Once the divorce is finalized, she can go back and ask for more child support and the up-front deal would no longer matter, so make sure that you're comfortable with whatever you work out as a long term solution.