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Guide

Child Care Variance - Proportional Share

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The 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.

 

Variance 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.

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