3.06 Child Care Support Obligations
3.06(A) Based on each parent’s percentage share of family income, allocate the actual child care expenses for the children in the case under consideration which allow a parent or third party custodian to look for employment, retain employment, or to attend an educational program to improve employment opportunities.
(1) When custodians or parents have an established child care pattern and can verify that they have actual, predictable and reasonable child care expenses, use the actual costs in the calculation.
(2) When no established pattern of child care expenses exists, base the expenses on estimates of the community’s average child care costs or several written quotations from local child care providers.
(3) In calculating child care expenses, presume that the court's orders for specific parenting time and custody will be followed. However, if a child care provider requires payment to retain a slot for a child without regard to whether the child actually attends, include those additional cost
3.06(B) Figure the actual cost of child care by deducting any child care subsidies, credits (including federal tax credit), or similar public or private reimbursements from the gross cost of child care.
3.06(C) The support payer’s net portion of the actual child care expenses should be ordered paid as a monthly child care support obligation. The support recipient’s share of child care expenses is directly contributed by the support recipient as expenses occur. Allocate net child care costs according to the following steps.
(1) Determine each individual’s actual monthly child care.
(a) Calculate each individual's gross annual child care expenditures.
(b) Figure the actual cost by deducting any child care subsidies, credits (including tax credits), or reimbursements from the gross cost of child care and convert to a monthly amount.
(2) Allocate the actual monthly costs by multiplying by the other parent’s percentage share of family income. §3.01(B)(2).
(3) Offset the two prorated amounts by subtracting the other parent’s share of the support payer’s monthly costs from the payer’s share of the other parent’s monthly costs.
3.06(D) Presume that the need for child care continues until August 31st following the child’s 12th birthday. At the court’s discretion, the child care support obligation may continue beyond that date as a child’s health or safety needs require.
3.06(E) Since child care support obligations accrue based on the assumed continuation of the net expenses used to set the currently effective order, custodians and parents need to notify each other of changes in costs, and must notify the friend of the court when they stop incurring child care expenses for a child.
3.06(F) When parents or custodians do not have an established pattern of child care expenses, the court can order a reasonable amount for future child care expenses conditioned upon the support recipient providing to the other parent and the friend of the court (1) proof of the recipient’s employment or enrollment in a qualifying educational or training program, (2) proof of the recipient’s actual out-of-pocket child care expenses, (3) a written request to the friend of the court asking for implementation of the conditional child care provision, and (4) proof that the support payer was provided copies of items
(1)-(3).
