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  1. #1

    Default Is Daycare Fee Mandatory to Be Paid on Top of Child Support

    My question involves a child custody case from the State of: CA

    I am paying $1170.00/month child support and $500.00 day care fee (half of total child day care fee). Should this $500.00 day care fee be included in the $1170.00 child support? I have this question is that the total child support will be $1670.00 which is more than my half month's pay stab(after tax). That basically means more than half of my after tax income goes to child support. Is it reasonable?

    Thanks.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Is Daycare Fee Mandatory to Be Paid on Top of Child Support

    what does the support order say? Does it say you will pay $1170 and half of the daycare or something else?

  3. #3

    Default Re: Is Daycare Fee Mandatory to Be Paid on Top of Child Support

    Hi Jk, nice to see you again.

    The court order is $1170/month plus half of daycare fee. But the order is from previous attorney's work in which I have question. I strongly doubt that the law says child support can can be more than half of my after tax income. The direct result of this child support order is that I barely make my life every month even without any eating out, only look at groceries below $5.00 and going to nowhere except office and child visitation.

    I want to ask the judge to change the child support.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Is Daycare Fee Mandatory to Be Paid on Top of Child Support

    [QUOTE=fairca;668099]Hi Jk, nice to see you again.

    The court order is $1170/month plus half of daycare fee.
    Not sure how this can be interpreted any other way than it is expected you pay that $1670/month.



    But the order is from previous attorney's work in which I have question. I strongly doubt that the law says child support can can be more than half of my after tax income. The direct result of this child support order is that I barely make my life every month even without any eating out, only look at groceries below $5.00 and going to nowhere except office and child visitation.

    I want to ask the judge to change the child support.
    Hang around for a couple of the folks that are more familiar with this than I. I understand your issue and tend to agree with you but sometimes the additive costs ordered are not considered to be "support". Medical expenses would be a perfect example. You would have your base support order and then a share of the medical expenses. Given the possibility you could incur many multiples of your income due to medical expenses, obviously you would be indebted more than the state max yet there would be nothing improper about it. I do not know if daycare is figured as child support or an additional cost you must bear in addition to the child support.

  5. #5
    Join Date
    Mar 2012
    Posts
    24

    Default Re: Is Daycare Fee Mandatory to Be Paid on Top of Child Support

    I also resides in California and daycare fee is in addition to child support, pursuant to CA Family Law Code 4062. My support order from 2010 states NCP shall pay $XXX.XX and one-half of childcare; however, I was unemployed at the time and didn't incur childcare expenses.

    I returned to full-time employment beginning this year and incurred daycare cost. DCSS collects child support payments on my behalf but was unable to enforce the one-half of daycare unless I went back to court to establish a dollar amount, which was accomplished very recently.

  6. #6

    Default Re: Is Daycare Fee Mandatory to Be Paid on Top of Child Support

    Thanks Etoy,

    Right now,childcare fee is through my wage assignment. That means If my ex did not send my son to daycare, I still pay $500.00/month. How can I monitor this? My ex is working 4days/week and her father is living with her and can take care of my son part time.

    - - - Updated - - -

    thank you, Jk.

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