How Long Do I Have to Pay For Child Care in Family Law Court? 

Child care expenses are often a huge expense for divorced parents, so many are wondering how long they must pay for it. The answer to this question depends on your case and the amount of child support awarded. The court will take into account the income of both parents and determine an appropriate amount for child care. In many cases, child support payments will be less than what you need to pay for child care. 

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Child support 

How long do I have to pay for child custody and support in a New York divorce case? The answer to this question depends on your circumstances and the state you live in. In some states, only one parent gets sole custody of the children. This situation may also occur if one of the parents has limited or no access to the child. In New York, the non-custodial parent is obligated to pay child support, based on a formula established by the State. In addition, in many cases, the non-custodial parent is eligible to receive the Child Tax Credit if they have less than 50% physical custody of the children. 

Physical placement 

In family law court, physical placement for children is a crucial element of the custody order. The court wants to ensure that children spend time with both parents and that the physical placement is meaningful for the child. Therefore, the statutory law requires that periods of physical placement be allocated equally between parents. In certain cases, an absolute denial of physical placement may result in the termination of parental rights. Typically, physical placement is allocated to one parent, with the other getting extra time during the school year and during the summer. Holidays and Christmas are often shared between the parents, as well. 

Add-on expenses 

In family law court, there are several ways to get add-on expenses for child care. These include medical expenses that are not covered by insurance and uninsured child care expenses. In many cases, the judge will require one parent to pay the other half of these costs. Other mandatory add-on expenses include the cost of health insurance for the children and any unreimbursed medical expenses. For example, the cost of health insurance for a child will be higher than the premium for a single person’s plan. 

Using zero income to pay for child care 

If you have no other income, arguing that you have used zero income to pay for child care in family court can seem like a simple solution. In fact, it’s not that simple. While the primary custodial parent may have used their parents as child care providers, the grandparents are not legally required to provide care without payment. If the primary custodial parent is asking the court to allocate some money for childcare expenses, ask yourself whether it is really true. 

Subpoenaing child care information 

A court order can direct the release of certain information by an employer or agency, such as a foster home. A judicial subpoena may also be used to obtain information from a government agency, such as a department of children and family services. In such cases, a peace officer or court employee can serve the subpoenaed individual. If the request is granted, the information may be released to the attorneys in the case.