Legal Question in Family Law in Massachusetts

Day Care cost allocation.

It depends. There is no absolute rule. It is possible that if the mother is not working or making much less than you, a court could require you to contribute to the child's day care.

This may not even be an even split.

Should you need assistance, contact me.

Re: Day Care

Normally, day care cost is calculated into the child support guidelines. Since you have not done so, you should try to agree on an arrangement with Mother, especially since she has not chosen to put the child in day care.

Trying to force day care could be difficult in court. You would have to prove it is more beneficial to the child than not using day care. That might require testimony of a psychologist. It all gets expensive. I would just make some kind of a deal. Do day care very part time at first to acclimatize this young child, then you can increase. But she may ask you to pay it all, since it's your idea. As the other counsel have mentioned, there are no hard and fast rules here.

Re: Day Care

Day care is normally considered part of child support, though individual circumstances vary. However, as the custodial parent of a child this young cannot be required to work under the Child Support Guidelines, you cannot really mandate the use of day care. If the socialization is your sole interest, you could probably make an arrangement for one day only, which would also give the mother a break, and start preparing all concerned for a day when the mother does return to work. You would either agree to split this cost, or pay it entirely yourself.

Please feel free to call if you have further questions. My principal concentration is family law.