In many families, and especially in families of divorce, both parents work outside the home. If there are young children involved, workrelated Child Care expenses will have to be determined and entered into the Parenting Plan as part of the divorce. Generally, courts look at the relative income shares of you and your spouse as set out in the child support calculations, in addition to other property and funds, when considering the contribution each parent must make to the payment of workrelated child care expenses.
Usually, courts will include this amount on the form 14 used to calculate child support, as payment of work related child care serves as an offset to the total amount of child support due. A big issue with work related child care has to do with the selection of the provider. If parents have joint legal custody, they make that decision together. But if one parent has that decision solely, the choice of the provider must still be reasonable in terms.
Of meeting the needs of the child and the overall expense. Work related child care expenses qualify for the federal child care tax credit, but only the parent claiming the child as a dependent and paying the child care expense (or part of it) may claim the expenses toward the credit. Taking advantage of the tax credit may factor into your method and amount of the work related child care expenses for which each parent is responsible.
Can You Reduce Your Child Support Obligation by Agreement
In family law cases, sometimes people come to me with a question that looks kinda like this: Look, I’ve done the calculation. I already know I’m going to have to pay some child support, but the other party in this case said, if I can have the home that we’ve been living in while we were married.
I won’t make you pay any child support. or sometimes, and quite frequently, what it looks like is a party will come and say Look, I’ve done some things in the past I shouldn’t have done. I’m worried that I might not get joint physical custody anyway. So the other party on this case said if I just agree to let them have primary.
Physical custody, they won’t make me pay any child support on this case. So the question is, can you do this? And the answer is: no, you cannot. Section 78B12201 in Utah Code says ‘Look, you can agree on the amount of child support that you’re going to pay.
In your own case but it has to be equal to or greater than the amount of child support that you would otherwise have to pay under the guidelines. So what that means is once you go on, for example, to The Office of Recovery Services website, and you use their child support calculator, and you take account for.
The type of physical custody that’s going to be awarded in your case, the income of both of the parties and so forth, and you come up with an amount of child support, you’re going to have to pay based on those factors, you can’t agree to an amount of child support less than what that amount is. Now the reason for that is because.
The state of utah, when they enacted these laws, they don’t want child support to be a bargaining chip for things that the parents of the children want. They don’t want the parents to be able to say, Look, I really want the home so let me agree to lower the amount of child support the my children are going to receive so that I can get the home.
The state of utah is interested in children actually receiving the amount of child support that’s needed to financially support them. So logically the next question is: what can I do then to lower the amount of child support that I’m going to have to pay? There are a couple things that you can do. One of the things that you can do is agree on the type of physical custody that’s going to be awarded.
If primary physical custody is going to be awarded to one party, the other party is going to have to pay quite a bit more in child support than if joint physical custody is awarded. Now remember that just because joint physical custody is awarded doesn’t mean that the children are going to be spending half of their overnights with.