Legal Question in Family Law in Virginia

Re: child care expenses for custodial parent

Virginia Code 20-108.2 - Child care is covered by Section F.

F. Any child-care costs incurred on behalf of the child or children due to employment of the custodial parent shall be added to the basic child support obligation. Child-care costs shall not exceed the amount required to provide quality care from a licensed source. When requested by the noncustodial parent, the court may require the custodial parent to present documentation to verify the costs incurred for child care under this subsection. Where appropriate, the court shall consider the willingness and availability of the noncustodial parent to provide child care personally in determining whether child-care costs are necessary or excessive. Upon the request of either party, and upon a showing of the tax savings a party derives from child-care cost deductions or credits, the court shall factor actual tax consequences into its calculation of the child-care costs to be added to the basic child support obligation."

Nowhere does it say anything about whether the

child care provider has to pay taxes on his income in order to count as "child care" Observe it doesn't require licensed child care, it just requires that the amount not be more than a licensed facility would charge.

I think you're fine.

Good luck.