Sorting Out Daycare and Nanny Payments in NJ Custody Cases

It comes as no surprise that babysitters and daycare services are more costly than ever.  The cost varies based on the care provider, the age of the child, and the number of children in the family who receive care.  Home-based care can range from $9,225 per child annually to $15,608 for one child under two, taking approximately 10.5% to 17.2% of a family’s income.  One-third of families with children under two have two or more children, making childcare costs prohibitively expensive for some.  Single parents can pay up to 30% of their income for childcare when there is no assistance from the other parent.  Divorced parents can feel the tight squeeze of these costs as they rely more on outside care than married parents. Then, the question becomes: who bears the financial responsibility for daycare, babysitters, a nanny, or other childcare expenses? How do these often substantial costs weigh into the greater child support and custody situation in a given case? Let’s explore.

Accounting for Childcare Expenses in Child Support Calculations in NJ

Calculating child support involves numerous factors, including daycare, nannies, and before or after-school care.  New Jersey Court Rule 5:6A includes childcare expenses in the support calculation when childcare is work-related.  This includes nannies, babysitters, before and after school care, summer camp, and daycare, but only when they are used because the custodial parent is at work.  A babysitter hired to watch the children while the parent goes to the gym, out to dinner with friends, or on a date is not an expenditure that can be factored into support for childcare purposes.

When there is a child with special needs involved in a divorce situation, everything becomes more complicated.  New Jersey’s child support calculation charts do not take children with special needs into account, making it crucial for parents to come together and offer solutions for their child’s care and additional costs. Specialized therapy (physical, occupational, or speech), household modifications, medical expenses, dietary needs, equipment such as a wheelchair or lift, and transportation to and from school or a care center can be costly.

Working with a family law attorney is essential to prevent forfeiting possible government benefits such as Social Security Disability and Medicaid.  Families who are uninformed about these benefits may eliminate the possibility of financial aid if child support is above the income threshold for these public entitlements.  Another consideration is that caring for a child with special needs may last even after they reach the age of majority.  A divorce agreement must contemplate extended care planning for the long term.

Deciding who Pays for Childcare Costs and How in New Jersey

The court believes both parents must ensure the child has proper care, but both parents also have the right to be employed.  Some deciding factors regarding child support are the earnings of each parent and the amount of time the child spends with them.  The parent with the highest earnings is expected to contribute more to childcare expenses.  Payments can be made directly to the childcare provider or added to the regular child support payments.  It is crucial to note that when the payments are made directly to the provider, if they are not made or are made past the due date, fees and other penalties may be applied, such as refusing the child care until the balance has been paid.

Child support orders for daycare or nannies are as enforceable as regular child support.  Failure to pay child support can result in a contempt court ruling and civil or criminal penalties.  The garnishment of wages, unemployment or workers’ compensation benefits, retention of federal income tax refunds, or suspension of a driver’s license are measures used to ensure child support payments are made.

Disagreements on Daycare or a Nanny? How Solutions on Childcare Are Reached Among Divorcing Parents

Sometimes, parents have different expectations for the care of their children.  While one parent prefers a nanny, the other is fine with a less expensive, larger daycare facility.  One parent may choose a daycare that provides activities such as music lessons and cooking classes, while the other wants a more traditional approach that is more budget-friendly.  When a solution cannot be agreed upon, the court usually requests that the parents go to mediation for a fair solution.  The court may decide for them if an agreement is still not reached.

Can You Alter Existing Child Support Payments Involving Daycare or Childcare Costs in NJ?

Child support orders can be changed when a parent files a motion to modify the support amount with the court that made the original support decision.  There must be evidence that demonstrates “changed circumstances,” which are conditions that merit a support modification.  The parent seeking the support modification has the burden of proof. There will be a hearing to present all evidence.  The person requesting the change is required to prove why the circumstances have changed and how they affect the support obligations.  These changes must be significant, permanent, and were unforeseeable when the original support order was established.

Support can be modified for many reasons.  If a parent receives a large inheritance, wins the lottery, or gets a big promotion, an increase in support can be requested.  If a child becomes ill or disabled, that could justify a raise in the support order.  Increased living expenses due to the passage of time because as children get older, their care can become more expensive.  Contrarily, if a parent becomes unemployed, is injured on the job, or becomes ill or disabled, their support amount may need to be reduced.  A support modification can only take place in the courts.  Parents should avoid verbal agreements because there is no legal support to validate the change.

Discover the Ways a Family Law Attorney Can Help You Navigate Daycare, Nannies, and Childcare Matters in a New Jersey Child Support Case

Determining child support is a process that takes more than just the parents’ incomes and custody plan into account.  Several factors are considered in the child’s best interests, such as their education.  Support decisions can be technical and complex, so having an experienced family law attorney is crucial to your success regarding child support and custody issues. At the Montanari Law Group, we want clients to feel satisfied with their child support decisions and arrangements. Our knowledgeable family law attorneys can provide suggestions and compromises to cover your childcare costs fairly. We proudly serve clients throughout Northern New Jersey, including in Bloomingdale, Clifton, Haledon, Hawthorne, Little Falls, Passaic, Paterson, Pompton Lakes, Livingston, and Prospect Park. Parents sometimes disagree vehemently about childcare costs.  If you need to modify support or request it for the first time, we will be with you every step, protecting your rights and representing you in court.  We will prepare the necessary evidence and make a clear argument for the judge to obtain a fair child support judgment. If you need help with reaching an equitable agreement on childcare costs with your co-parent, custody, divorce, or other child support issues, call us today at (973) 233-4396  for a free consultation or complete this online form.