When a couple with young children gets divorced, the question of how to continue covering daycare expenses often arises. After all, one parent might rely on daycare to keep their job, while the other wonders how daycare costs fit into child support payments. Many parents ask, “Is daycare included in child support in Texas?”
Whether daycare is included in Texas child support depends on several factors that may only be known once you sit down with a qualified lawyer. That said, knowing how the court handles daycare costs helps parents manage their finances moving forward.
Factors the Court Considers in Child Support Calculations
Daycare expenses are usually included in child support calculations in Texas. However, they are not automatically factored in and depend on the child’s specific needs and the financial circumstances of both parents. Below are factors Texas courts consider when determining whether daycare costs should be added to child support and, if so, how much.
- Work-Related Daycare: If the custodial parent needs daycare to maintain a job, the cost may be added to child support.
- Income of Both Parents: The court looks at both parents’ incomes to determine how much each can reasonably contribute to the child’s daycare expenses.
- Child’s Age and Needs: The calculation also considers the child’s age and whether they require full- or part-time daycare.
- Custody Arrangements: If custody is shared, the daycare costs might be divided between parents.
Obligations for the Custodial Parent
Although the non-custodial parent typically pays child support, the custodial parent also has certain obligations regarding daycare expenses. For instance …
- The custodial parent must prove that the daycare is necessary for them to attend work.
- The custodial parent must prove that the daycare is necessary for them to attend school or job training.
- The custodial parent should choose anaffordable daycare that meets the child’s needs.
- The custodial parent may be required to prove that the amount they request matches local daycare standard rates.
Daycare can be included in child support, but the court reviews the situation carefully. Both parents may need to cover daycare expenses. The court’s goal is to meet the child’s needs without putting undue financial pressure on the parents.
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