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Author Topic: Childcare Expenses Capped for Child Support Calculation  (Read 1712 times)
frustrated
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Posts: 1


« on: September 16, 2008, 09:09:36 PM »

I am a custodial parent living in Virginia and my ex lives in Alabama and our child support case was just finalized a year and a half later.  Which brings me to my quick question.

My daughter's daycare cost is $200.00 a week yet in calculating my benefit, DHR capped my child care related expenses at $200.00 a month and stated that this is a law or ruling that they have in Alabama.  So again, although I pay $800.00 per month the childcare expense was capped at $200.00 for the child support calculation.

Has anyone ever heard of such?

Please let me know?

I feel so defeated...



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livealittle
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Posts: 2926


« Reply #1 on: September 17, 2008, 11:42:09 AM »

http://www.divorceinfo.com/alchildcarerates.htm

here's a link on Lee's site that has a list of the maximum weekly rates allowed in AL.  You may want to check into the county you are living in in your state and see if they have a similar table, if so, you may try to argue that your county's rates should be used as that is where the child lives.

the lowest rate on the table is $65 a week and that multiplied by 4.333 is $281.45.  You should be able to use that rate as a minimum.

good luck.
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Grace48
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Posts: 145



« Reply #2 on: September 17, 2008, 12:50:22 PM »

Not to piggy back, but why is childcare expenses and sometimes school tuition figured into child support in some cases, but other times it stands seperate and the parents split it, or one parent is ordered to pay it. I have friends whose ex pays the tuition or daycare in full and they get CS? If that is an option, you should go for that. My lawyer told me the judge can award that the ex pay daycare, tuition, and extra curricular,  but advised not to ask for it. Confusing.
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