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Child Care Costs Support

Quick Facts

Parents can agree to divide child care costs as they wish.
If parents don't agree, the court will divide costs.
Low income can affect obligation amount.

Unless the parents agree differently and the court approves, the court will divide the work-related and education-related child care costs of joint children between the obligor and obligee based on their proportionate share of the parents' combined monthly PICS.

The amount of work-related or education-related child care costs to be divided between the obligor and obligee is the total amount received by the child care provider from the obligee and any public agency for the joint child or children. Child care costs are adjusted by the amount of the estimated federal and state child care credit payable on behalf of a joint child.

Low-Income Obligor

If the obligor's PICS meets the income eligibility requirements for child care assistance, then the obligor will pay the lesser of the following amounts:

the amount of the obligor's monthly co-payment for child care assistance under the basic sliding fee schedule, based on an obligor's monthly PICS and the size of the obligor's household provided that the obligee is actually receiving child care assistance under the basic sliding fee program, or
the amount of the obligor's child care obligation.

The commissioner of human services publishs a table with the child care assistance basic sliding fee amounts and updates the table for changes to the basic sliding fee schedule by July 1 of each year.

Determining Costs

The court requires verification of employment or school attendance and documentation of child care expenses from the obligee and the public authority, if applicable.

If child care expenses fluctuate during the year because of the obligee's seasonal employment or school attendance or extended periods of parenting time with the obligor, then child care expenses are based on an average monthly cost.

The amount designated as child care expenses is considered child support but is not subject to a cost-of-living adjustment.

The parent with whom the joint child does not reside may care for the joint child while the parent with whom the joint child resides is working or attending school. Allowing the parent with whom the joint child does not reside to care for the joint child is not a reason to deviate from the guidelines.

Change in Child Care

The public authority is required to stop collecting the amount allocated for child care expenses when both of the following conditions are true:

either parent informs the public authority that no child care costs are being incurred; and
the public authority verifies the accuracy of the information with the obligee.

The suspension takes effect on the first day of the month after the public authority receives the verification. The public authority will resume collecting child care expenses when either parent provides information that child care costs have resumed, or when a child care support assignment takes effect. The resumption takes effect on the first day of the month after the public authority receives the information.

If the parents provide conflicting information to the public authority about child care expenses, or if the public authority is unable to verify that no child care costs exist, then the public authority will continue or resume collecting child care expenses. Either parent can challenge the suspension, continuation, or resumption of the collection of child care expenses. Even if the public authority suspends collection of child care expenses, all other provisions of the court order remain in effect.

When child care expenses increase or decrease substantially, then the parents can request that the order be modified by the court.