Child care costs in New York

As parents, we are required to support our children financially, even after divorce. When one parent has primary custody, the other will pay child support and, as per New York’s Domestic Relations Law, to help cover certain expenses that are deemed “obligatory” by the courts. They include:

• Educational costs
• Health care fees not covered by insurance
• Child care

When the custodial parent works or goes to school, child care expenses come into the picture. These costs are typically shared in proportion to income, with the higher-earning parent paying more than the lower-income one. Examples include:

• Daycare
• Before and after school care
• Employing a caregiver such as a nanny
• Summer day camps and other seasonal care outlets

Paying for these services can be challenging from a bookkeeping perspective. Child support payments are relatively simple because they are a fixed amount payable at regular intervals. It’s also easy to review bank or collection records and confirm that the noncustodial parent is up to date with their remittances.

Add-on expenses such as child care are different. Payment arrangements usually consist of one of the following scenarios:

• One parent pays the entire amount and is reimbursed by the other
• The costs are split as per approved guidelines, with each parent paying their pro rata share directly to the care provider

Payment disputes

Sometimes parents end up in court over allegedly unpaid reimbursements or portions. To prevent a long, drawn-out process, both parties should pay their share by check or credit card to prove that they fulfilled their obligation. They should also forward copies of invoices, money orders, receipts, and any other proof of payment to each other to eliminate the possibility of a future misunderstanding.

Parents also disagree over how much money should be spent on child care. It is not a matter of law as to who determines what kind of care will be used and the cost. Non-custodial parents are entitled to question how reasonable a child care expense is, and protest the amount in court. A judge may conclude that the amount being spent by the custodial parent in unreasonable given the circumstances, and order the other parent to pay their share of a more feasible amount.

It sometimes happens that the custodial parent hires a nanny who is neither an American citizen nor the holder of a valid work permit. Doing so is not only a major violation of immigration and tax laws, but it can justify the noncustodial parent’s refusal to contribute to the nanny’s salary.

A New York family law attorney can help resolve issues related to child care expenses and assist in ensuring that all costs are paid, recorded, and reasonable. It is important to come to an arrangement that provides the child with what he or she needs while remaining fair to his or her parents, thus enabling a more harmonious future. At Eskin & Eskin, P.C. we are well-equipped to help you if you are facing a family court dispute and need to work out child care costs. Our conveniently-located Bronx office serves all boroughs of New York City and Westchester County. We are a family law firm serving your family law needs. Our attorneys have over 40 years of combined experience and can be reached at 718-402-5204 for a free consultation. Visit www.EskinandEskinLaw.com to learn more about us.