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Author Topic: to request or not a modification to cover more hours child care  (Read 1804 times)

balleros

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I have a 3 1/2 year old who spends zero time with NCP. Our initial order was done 6 months after my son was born and I was on a reduced salary and rediced hours and childcare was never factored in (december 20111) .I filed in 2013 a request to add childcare to our court order as it was a mistake not to add it right away. It was granted as I need child care to take care of my son while I work and the mo thly child support was lowered a little as I was making more than when the initial order was done but NCP was asked to pay 50 % of child care.It was great as most of the money really goes there.
In 2014 I got an extra part-time job and I took it, knowing that most of the income was going to end in child care.It is a great opportunity that I can't pass as it might give me better job prospects in the future. I told NCP in case he wanted to take me to court to reduce his amount.I was honest and I told him that I am not really making that much more as I spend the money on a nanny that comes home in the evening. I gave it a try. Now that I am taking the same job for march to June, I am thinking about going back to court and requesting to add a shared amount of that extra child care feeks. It will be around $ 450 per month. I run the risk of getting my monthly support lowered as my taxes will showed that I made more in 2014.I made more because I chose to work on my vacation which meant that I made more but my son ended up in child care for 11 months per year and not 10 like the court order says. So NCP paid for 10 months at $ 880 each while I ended up not getting any support for that extra month my son atended.The same with the extra job. On papers, it looks like in 2014 I made a total of an extra 18,000 but W2 forms will not show how much wa sspent on child care for work.
Now I was also told that I need 5 classes to cleared my licence and be able to work (total cost $ 3000). So even though I make more, I will have work related expenses.
Do I make a case to add a shared portion of the extra child care?
will the judge (or the NCP attorney) consider the facts that more money is spent on child care and more money needs to be spent on schooling to keep a job?
any tips?


ocean

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Re: to request or not a modification to cover more hours child care
« Reply #1 on: Feb 28, 2015, 11:45:14 AM »
Usually the order is for half of child care. So whatever the amount you spend, he owes you half. But it sounds like you imputed a specific amount for childcare. Does the childcare get garnished? pay directly to you? pay directly to child care?

I would ask for a more generic order asking for 50/50 child care costs as mother's hours change by month/time of year. You could also say his child support should be upped (if he tried to lower it due to your taxes) as he has not taken child at all and usually child support is based on the other parent taking/feeding child every other weekend and a few times a month for visitation.

Be prepared for numbers to change and if he decided to start seeing child and say I will watch child at night when she is at work for "free".

SDConover

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Re: to request or not a modification to cover more hours child care
« Reply #2 on: May 23, 2015, 01:21:02 AM »
If a parent's earning ability or even if the child's financial needs have changed then that could conceivably be enough to trigger a child support modification. You may consult a good custody lawyer for more details on this.

 

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