Legal Question in Family Law in Washington
Child Support Calculation
My ex and I are going back and forth in regards to who gets the credit for daycare. I am currently paying 650.00 towards daycare and out of the 650, he is only giving me 225. We are in the process of filing are final papers and calculating the right numbers for support. He believes that per RCW, we need to look into the future of expenses and be credited not go backwards and rely on what is being paid right now. He believes that he is entitled to get 50% credit of daycare eventhough in reality he isn't paying me 50%.
What's the correct way of credit or is the total daycare credit should go towards the responsible party?
1 Answer from Attorneys
Re: Child Support Calculation
Is your payment in accord with the per centage split in the child support worksheets? Is the percentage split 50-50?
Be prepared to do the calculations to demonstrate what amount you have paid for day care each and every month you have been separated. Have the receipts or cancelled checks.
If there is an underpayment, that is money that he owes you and he can be ordered to pay that to you - or you can waive it. Up to you.
Your sense that he should not get credit for 50% of day care if he isn't paying 50% of day care is correct.
You use the history as a way of predicting the future payment. That is not the same as ignoring the historical deficit.
Day care is separate from child support, and this sort of dispute is why. You are entitled to be reimbursed for what you spent over your proportionate share.
Just be prepared to show your calculations.
Hope this helps. Elizabeth Powell
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