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bigstick1973
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who pays for day care?
      #533099 - 05/12/09 04:19 PM

My ex works full time. Makes and makes more them me. Im being told that i have to pay 100% of our childs day care. is this right? I thought it was to be split based on our incomes? :confused:

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Sherron
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Re: who pays for day care? [Re: bigstick1973]
      #533102 - 05/12/09 04:22 PM

While many states have different rules regarding child support, there is an overall consensus on splitting things like daycare or insurance according to income. Who is telling you that you will have to pay 100%

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Sherron
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Re: who pays for day care? [Re: Sherron]
      #533104 - 05/12/09 04:24 PM

This link will guide you to your specific state's government website, which usually explains how things like daycare are handled for your state.

http://www.acf.hhs.gov/programs/cse/extinf.html


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Avaya
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Re: who pays for day care? [Re: Sherron]
      #533111 - 05/12/09 04:44 PM

In my state the CP pays 100% of it.

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JennyLynn
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Re: who pays for day care? [Re: Avaya]
      #533112 - 05/12/09 04:44 PM

In my state it's divided by income.

Bigstick, are you the CP or NCP? What state? Do you work?


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Melody
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every state is different [Re: bigstick1973]
      #533157 - 05/12/09 05:41 PM

some are split 50/50; some proportional to income; some do not consider daycare at all, but figure it is part of what child support covers.

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bigstick1973
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Re: every state is different [Re: Melody]
      #533189 - 05/12/09 06:39 PM

Im the NCP But im now paying 714 a month for 2 children to my ex wife. My now ex girlfriend that we have a 4 year old with has filed and there telling me that i have to pay 100% of the day care on top of the child suport. witch will be around 640 per month. i only take home 2200 a month. of the 640 im being told to pay my ex girlfriend 500 of that is for day care. she net 3600 a month. when we lived in the same home we split the cost 50/50. i dont get it. I just went to my support confrence today. and thats what im being told. i dont think its fair at all. she shoud have to cover some of that cost. Lancaster county pa.

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Melody
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HHHmmmm [Re: bigstick1973]
      #533236 - 05/12/09 09:28 PM

I'm thinking maybe a condom might have been a good idea.

but seriously, your ex girlfriend will get an order for child support but if your support for your ex wife is formalized into a court order, then it will have precedence. A subsequent order for support is usually based upon the income remaining AFTER the first order is paid. As for daycare, I can't imagine that it will be 100%, but if your state does share this cost between parents, then you will be ordered to pay something. If she earns more than you, then it's possible you won't have cs, but you will have a share of daycare. Otherwise your ex girlfriend won't be able to work due to the age of the child, and then you WILL be on the hook for support since whatever you make will be more than the ZERO she will make if she is forced to stay home with the baby and not work.


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almostheaven
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Who pays depends on two things... [Re: bigstick1973]
      #533392 - 05/13/09 07:10 AM

The state and the decree. If the CO doesn't state they pay for it, typically they don't. Some states have it written into the statutes though which go above and beyond what is provided for in the CO. Some states have higher CS amounts and don't allow for the extras like daycare.

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googledad
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Re: every state is different [Re: bigstick1973]
      #533395 - 05/13/09 07:15 AM

Who told you that you have to pay it all ? Someone is FOS .

a) Child care expenses. Reasonable child care expenses paid by either parent, if necessary to maintain employment or appropriate education in pursuit of income, shall be allocated between the parties in proportion to their net incomes and added to his and her basic support obligation. When a parent is receiving a child care subsidy through the Department of Public Welfare, the expenses to be allocated between the parties shall be the full unsubsidized cost of the child care, not just the amount actually paid by the parent receiving the subsidy. However, if allocation of the unsubsidized amount would result in a support order that is overly burdensome to the obligor, deviation pursuant to Rule 1910.16-5 may be warranted.



Example. Mother has primary custody of the partiesí two children and Father has partial custody. Motherís monthly net income is $2,000 and Fatherís is $3,500. At their combined income level of $5,500, the basic monthly child support from the schedule in Rule 1910.16-3 is $1,268 for two children. As Fatherís income is 64% of the partiesí combined income, his share is $812. Mother incurs child care expenses of $400 per month and Father incurs $100 of such expenses each month. The total amount of child care expenses, $500, will be apportioned between the parties, with Father paying 64%, or $320. As he is already paying $100 for child care while the children are in his partial custody, he would pay the remaining $220 to Mother for a total child support obligation of $1,032 ($812 + $220 = $1,032).

(1) Except as provided in subsection (2), the total child care expenses shall be reduced to reflect the amount of the federal child care tax credit available to the eligible parent, whether or not the credit is actually claimed by that parent, up to the maximum annual cost allowable under the Internal Revenue Code.

(2) The federal child care tax credit shall not be used to reduce the child care expenses subject to allocation between the parties if the eligible parent is not qualified to receive the credit.


PA CS guidelines .

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bigstick1973
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Re: every state is different [Re: googledad]
      #533887 - 05/13/09 09:00 PM

Ok heres what i was told at the meeting, my ex is claiming 165 per week 660 a month. in daycare. witch is what it cost i know that. iv been paying half of that since my daughter started going. her net per month is 3600 my net is 2200
I pay 714 per month to my ex wife for 2 children. there telling me that i have to now pay on top of the 714 to my ex wife a extra 640 to my now ex girl friend for a total of 1354 per month witch is over 50% of my total net income.


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almostheaven
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"They" who?.... [Re: bigstick1973]
      #534042 - 05/14/09 07:05 AM

A lot of people will tell you a lot of things. But you should only be listening to a) your attorney and b) the judge.

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Char Fox


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Melody
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what meeting? and who is they? [Re: bigstick1973]
      #534164 - 05/14/09 09:45 AM

you need to have your own attorney tell you what you will be obligated for. If you have a support order on your other children in place, that has precedence. Any subsequent order that is written will be calculated based upon the money that is left AFTER payment of your original support to your ex wife. Your ex girlfriend MAY get some support from you, but it may not be much, if anything since she works and earns more than you. You SHOULD be responsible for a portion of the child care...mainly because as long as the girlfriend is able to work, BOTH of you benefit. She, by having more income...and you by having lower child support because of her higher income.

Go see your attorney.


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