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Rule 9.11A Child Care Expense and Variance
Get the Child Care Variance Cheat Sheet - Click HereThe 2022 rule change provides that if the custodial parent has child care expenses, the expenses constitute grounds for requesting an upward variance from the amount of child support that would result from application of the guidelines. Rule 9.11A.
In every case where you represent a custodial parent who has child care expenses, you should be discussing with your client their ability to request a variance.
Need to Know
Print our handy cheat sheet on this subject: Get the Child Care Variance Cheat Sheet - Click HereOnce you have the information, prepare a Form 1. Do not include the costs of child care when you calcuate support. (The new rule does not allow you to seek a variance and, at the same time, deduct the cost of child care. Save this file as, for example, smith.variancerequest. Note that this calculation will tell you the proportional share of the NCP which you will need to know in calculating how much of a variance you may seek.
Next, prepare a Form 1 where you deduct the cost of child care and save the file smith.novariance.
Rule 9.11A(3) In determining the amount of the variance, the court may consider each parent's proportional share of income. The amount of the child care expense variance allowed should not exceed the noncustodial parent's proportional share of income. Doesn't say "shall not", says "should not".
Variance Ordered Decree Language
Pursuant to Rule 9.11A(3), the support order must specify the following:A. The basic support obligation as calculated before the child care variance.
B. The amount of the child care variance allowed.
C. The combined amount of the basic support obligation and the child care variance.
D. When the child care variance will end.
5. Absent compelling circumstances, the child care expense variance should not extend beyond the youngest child, subject to the support order, turning 13 years of age.
6. Child support is to automatically adjust to the amount of the basic support obligation at the point in time as fixed in item 5 above.