Opelika, AL asked in Family Law for Alabama

Q: Does child support include daycare payments?

My brother in law has been cheating on my sister with someone at work. The girlfriend called my sister and told her. She also told her that she was not the first one he had cheated with. My brother in law confessed. This has been a nightmare. From what we can understand, he will be required to pay around $800 a month in child support for two children. The kids are ages 2 and 5. Their daycare payment is about $650 a month. Will the daycare payment have to come out of the $800 a month child support payment?

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1 Lawyer Answer

A: Day care expense that is necessary so a parent can work is calculated into child support. THere is a maximum per child, and the day care MUST be to allow the parent to work. THe amount of day care allowed depends on where in the state you are. THe maximum allowable for a toddler and preschooler in Mobile is about $152 per week. THere is no way I can tell you how your $800 per month figure stacks us, because you have not told the income of each parent, who is the custodial parent, what is the day care amount, who pays it, what is the health insurance expense for the children and who pays that. If you will provide those numbers, a calculation is easy to do. You can also Google it and do it yourself -- be careful -- you have to understand the questions to answer them!

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