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Child support includes meeting child care obligations

Some couples in Virginia decided, while married, that one of them would stay out of the workforce in order to care for the family. Other couples decide that having both parties working is the best choice for them. In either case, after a divorce, a child's custodial parent may find that they have to hold down a job in order to provide for themselves and the child. When this happens, the custodial parent will have to seek out child care for the child. However, how do child care costs affect the amount of child support the noncustodial parent pays?

According to the Code of Virginia, if a custodial parent incurs work-related child care expenses, these costs will be added to the noncustodial parent's basic child support obligation. That being said, these costs should not be more than what is needed to provide quality care from a licensed facility. If the noncustodial parent makes such a request, the custodial parent must provide the court with evidence that verifies that these expenses were used for child care.

In addition, the court will also take into account, when deciding whether it is necessary for the custodial parent to incur child care expenses, whether the noncustodial parent wants and is able to care for the child while the custodial parent is at work. In addition, if either the custodial parent or noncustodial parent asks for a showing of what the custodial parent receives in tax savings due to deductions or credits related to child care expenses, these tax consequences will be taken into consideration when the court calculates what child care expenses should be included in the noncustodial parent's basic child support obligation.

In the end, it is important that each parent shoulder their burden of providing for the child financially, and this includes paying for child care when necessary. The child deserves to be cared for in a quality environment, whether this means in a child care facility or in the care of the noncustodial parent. An attorney can help explain how child care expenses are factored into a noncustodial parent's child support obligations.

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Sevila, Saunders, Huddleston & White
30 North King Street
Leesburg, VA 20176

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