Child care expenses

[Chimp]

Dear Soc,

In Indiana.

Downturn in my economic sector has reduced my income by more than 20%.  Ex (CP) has remarried and has two additional children besides the one child between us and has recently earned a nursing degree which has raised her income significantly. I've petitioned the court to modify support.

1. Can ex claim child care expenses for children other than our own child when calculating support?

Ex is also moving. This will be the third move in 8 years. The decree is silent on the issue of transportation. I'm also asking the court to have ex share transportation responsibilities.

2. If ex cannot or refuses to provide transportation, can I ask for transportation expenses to be deducted from my support?

3. If yes to above, can I use the federal rate for business deductions when calculating transportation costs?

[socrateaser]

>1. Can ex claim child care expenses for children other than
>our own child when calculating support?

No.

>
>Ex is also moving. This will be the third move in 8 years. The
>decree is silent on the issue of transportation. I'm also
>asking the court to have ex share transportation
>responsibilities.

Seems reasonable, as she's moving and she's increased her income.

>
>2. If ex cannot or refuses to provide transportation, can I
>ask for transportation expenses to be deducted from my
>support?

If you can establish that your costs are routinely incurred in the exercise of custody/visitation, then yes, otherwise, your request will probably be denied.

>
>3. If yes to above, can I use the federal rate for business
>deductions when calculating transportation costs?

You need to show the court your actual or reasonably likely out-of-pocket increased transportation costs as the result of this move. The IRS's 31.5 cents per mile number could be used, but I doubt the court would accept it on face value, without some evidence that this is a fair approximation of what your actual costs will be.

[Chimp]

:)