Minnesota Divorce Start Your Divorce Find Professionals Minnesota Articles Divorce Facts Divorce Grounds Residency Divorce Laws Property Division Alimony Child Custody Child Support Divorce Forms Grandparent Rights Forum Minnesota Products Divorce by County
Contribution to Daycare
A common question for divorcing parties is "who pays for the daycare?" As an additional obligation, Minnesota Statutes now require the non-custodial parent to contribute to any child care expenses incurred as a result of the custodial parent’s employment or schooling. The expenses are divided only after deducting twenty-five percent (25%) from the total daycare costs since the custodial parent is entitled to a tax deduction in that approximate percentage each year. In other words, if the daycare costs equal $800 each month, the portion divided between the parents is only 75% of that figure or $600. Those allowable child care costs are divided between the parties proportionate to their income.
For example, let’s say dad earns $2,000 net per month and mom earns $3,000 net per month. Let’s say dad has physical custody of the one minor child from the relationship. Mom would have a guideline child support obligation pursuant to Minnesota Statutes of $750 for one child (25% of her net income). Each parties’ contribution to daycare expenses is then calculated based on their proportionate share of the total household income.
Mom has $2,250 each month after deducting her child support obligation of $750. Dad will have $2,750 per month after adding in the child support paid to him by mom. The total income is $5,000. Therefore, mom’s proportionate responsibility for daycare expenses is calculated by determining her percentage of the total income. That percentage is determined by dividing mom’s income by the total income ($2,250 divided by $5000 = .45) or 45%. In this example, mom’s proportionate responsibility would be 45% of the allowable child care costs or $270 ($600 x .45).
Minnesota courts look at many factors in deciding spousal support amounts. A spouse may be entitled to maintenance if he or she cannot support himself or herself despite any marital property received after distribution. Financial resources, employment, education and the personal circumstances of each spouse are considered. A court examines several factors to determine if maintenance is appropriate, and if so, how much and for how long. They include (1) the duration of the marriage, (2) the standard of living enjoyed during the marriage, (3) each spouse's age and health, (4) each spouse's assets, income or ability to earn income, (5) the time needed for the requesting spouse to receive training or education and obtain sufficient employment in order to support himself or herself and (6) the owing spouse's ability to pay. A court can order temporary support while the divorce is pending. Most maintenance is ordered for a specific length of time. Once maintenance is ordered, it can be modified upon a showing of a substantial change in circumstances.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
|Your Right to Child Custody, Visitation & Support
Cover Price: $
Your Price: $17.95
You Save: $7.00
"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
|The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc. is also not a referral service and does not endorse or recommend any third party individuals, companies, and/or services. Divorce Source, Inc. has made no judgment as to the qualifications, expertise or credentials of any participating professionals. Read our Terms & Conditions.|