Q: Can a parent be forced to pay for daycare used by the other parent in a 50/50 custody arrangement?

A: A court can always modify a child support agreement in accordance with the Maryland Child Support Guidelines, which are mandated by statute and generally cannot be waived by agreement of the parents. So either parent can go to court to modify an agreed child support arrangement using the Guidelines. The Guidelines calculate the total amount of child support based on the gross income of both parents, plus the cost of health insurance/medical costs of the child, plus the cost of work-related child care expenses incurred by a parent during their period of custody. The Guidelines have a “shared custody” calculation that takes into account the total number of overnights the child is with each parent, and child support is then calculated to equalize the amount of child support the child is receiving at all times. This usually means the spouse with lower income and higher expenses will be the one receiving child support as part of the equalization of funds to support the child. How that equation works out in your specific situation requires information as to gross income, health insurance, daycare expenses, etc. If you used a lawyer to draft your separation agreement, then that lawyer should be able to run the Guidelines calculations for you to see whether you will pay more than what you are paying now. You can also come to another agreement by way of an amendment to your existing agreement, and avoid the cost of litigation and an adverse award. But you need to run the Guidelines to make an informed decision.