Can you receive child support for daycare expenses prior to registering your child in the daycare or do you have to file for child support daycare expenses once the child is enrolled in the day care?

Answer 1

That is an excellent question. In order to modify child support in Rhode Island there must be a substantial change in Circumstances. Child support is based on the circumstances as they exist at the time of filing of the motion or the Court date. If you live in Rhode Island I would suggest that you file your case to modify child support 30-40 days prior to the commencement of daycare and schedule the motion date on the date that dayce begins. The Rhode Island minimum child support guidelines take into account both the importance and expense of daycare. The child support guidelines and worksheet are used to determine the proper amount of child support to be paid by the non-possessory parent. The bottom line is that a party will be ordered to pay approximately the same percentage of the daycare that the party makes in relation to that party's percentage of the combined gross income of both parties. For example: If the husband makes $100,000.00 and the wife makes $50,000.00 the combined gross income for the parties is $150,000.00. Therefore, the husband makes 66 percent of the income and will be ordered to pay 66 percent of the daycare in addition to child support. (There may be an adjustment to take into account the federal tax credit for daycare) This amount is added onto the minimum Child Support Guidelines amount.