Legal Question in Family Law in Rhode Island
I am the non custodial parent and I pay for all day care expenses.
My question is:
can the amount I pay for day care be deducted from the total amount of child support I am responsible for.
1 Answer from Attorneys
No. Child care expenses that are necessary for either parent to work to support a minor child may be calculated along with the child support amount. However, if they have not been factored into your Child Support payment as ordered by the RI Family Court then you may not deduct them from the child support amount that has been ordered.
The question is why you are paying all of the child care expenses necessary for either you or the custodial parent to work and support the child? If it is due to a divorce settlement agreement then you are stuck with paying it according to the terms of that agreement.
If you have not agreed to pay all the child care expenses AND you have not been ordered by the court to pay all of the child care expenses, then absent something that is missing from this scenario that you wish to mention by another question or response, you are not legally obligated to pay all of those child care expenses. Keep in mind, that if you stop paying those child care expenses suddenly and it has been your habit and pattern to pay those child care expenses, then the court will not look kindly upon you if you end up returning to court on that issue.
The short answer to your question though is unfortunately, "No." Unless you can prove a substantial change in circumstances in order to modify the child support in it's entirety it is likely you will be stuck paying that amount if you are obligated to until child care is no longer needed.
The best to you in this financial issue.