When my child starts going to school and stops using daycare, am I able to change how much I pay for child support?

Child Support 9 views 2 answers
My child will start school in August. My ex currently pays about $550/month for daycare expenses. Am I able to contact the agency to have the amount I pay modified when school starts, or is this not a reason for support modification?

Attorney Answers

2
Richard Stahl ·
In typical lawyer fashion, the answer is yes & no... or maybe. Here's the deal (and there is a bit more to it, but I will try & summarize). A few pointers to start- 1. As you seem to know, child support is determined based on a number of factors, including, but not limited to, credit for child care payments. Other factors include income, insurance cost, other support obligations, other children. 2. Modification of child support generally requires a 10% change in the obligation. 3. Modification of child support can happen one of two ways - administratively (via the CSEA) or judicially (via filing of a Motion with the Court. 4. The Administrative method (via CSEA) may only occur once every 3 years. Now that being said, calling the agency may be a decent idea, but if your previous obligation was less than 3 years old, they probably can't do much until you hit the 3 year mark. Alternatively, you can file a motion with the court to request a modification. As for whether it's a "reason", you should look to see if cancelling the $550/mo would decrease the overall obligation by more than 10%. I presume it would, but couldn't be sure until you reviewed the child support guidelines. They are available online, however, it's probably easiest to consult with a lawyer to see if this is worth your time. This attorney would also be able to take into account any changes in income or other factors, and that way you could see what your obligation would be if you chose to request a modification. My guess is you have a basis to modify, but you should consult with an attorney to confirm.
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Brian Piper ·
Attorney Stahl has provided you with a vary complete answer. The only things that I would add are as follows: (1) that child care expenses will genereally push the child support obligation up considerably, thus there is an extremely high likelihood that a reduction in the child care expense will reduce the overall child support obligation by more than 10%, triggering a change of circumstances sufficient to support a modification. (2) that the change you are anticipating will probably not be as great as you expect, because there will still be "latchkey" expenses that are likely to be incurred with regard to your child. (3) finally, and perhaps the most important, is the necessity of filing a motion for redetermination of the child support obligation as soon as possible, because any change that is made, will only be retroactive to the date of the petition for change. So follow the recommendation of attorney Stahl, and consult with an attorney to verify that you meet the tests for modification, and then proceed with the assistance of that attorney to present the best case possible to the court in support of your request.
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