Is Childcare Factored into Child Support, or Do I Have to Pay Extra for That?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“I’m a father of a 2-yr boy and I pay child support to his mother. I am wondering if I need to also pay for daycare, outside of the child support that I already pay. Does a babysitter fall under the same category as daycare?”

In most states, the cost of daycare or babysitters that are used in order to faciliate the custodial parent either working, or going to a program designed to make them more employable, is typically split in half – with half paid by each parent. However, that said, what you “have” to pay is whatever is in your order. If your order says you have to pay it, then you have to pay it, or else go to court to see if you can have the order changed.