Is child care cost included in child support?

[natek]

What is the name of your state?Hi all,

My wife and I recently separated (we live in Minnesota) and she has requested that we arrange our finances as if we were divorced. I've agreed to give her $800/month as child support, which is just over the required 25% of net pay. She is planning on returning to work and will have our son in child care. My question is: would I also be responsible for a portion, or half, of the child care expenses in addition to what I'm already contributing, or would that be included in what I contribute? If we were to reconcile, she would not have to work and thus there would be no child care expenses. What would a typical arrangement be in this type of circumstance?

Thanks in advance,
Nate

[Phnx02]

When a child support order is being figured, child care costs are usually factored into the amount. Some CSEA's put a limit onto the amount allowed. I believe it's different if visitation/custody is factored in...I'm not sure about that.

IMO, if she is going to return to work, you giving her $800/month is MORE than enough support -- and that IS including child care in that amount.

If you went through a support hearing, her income would also be factored in and it could bring down the amount you'll owe. You might want to go through CS proceedings, just to be safe.

Is this MN law you're "quoting"? I don't know MN law specifically, but in many states child care is NOT figured into the monthly cs amount. It is seperate and the NCP can be ordered to pay a certain percentage of this in addition to regular cs.

[stealth2]

I was going to say that it is actually state-specific. In MN (from [url]http://www.revisor.leg.state.mn.us/stats/518/551.html[/url]):

The court shall review the work-related and
education-related child care costs paid and shall allocate the
costs to each parent in proportion to each parent's net income,
as determined under this subdivision, after the transfer of
child support and spousal maintenance, unless the allocation
would be substantially unfair to either parent. There is a
presumption of substantial unfairness if after the sum total of
child support, spousal maintenance, and child care costs is
subtracted from the obligor's income, the income is at or below
100 percent of the federal poverty guidelines.

In other words, child care is a separate expense and is on top of the child support.

legal - take some time to check your facts before providing the wrong information, eh? It only takes but a minute or two in most cases, and causes less confusion.