Is Daycare Included in Child Support in New York?

Is Daycare Included in Child Support in New York?


Divorce is a complex legal process, especially when children are involved. Child support will usually be ordered to ensure that both parents fulfill their financial obligations for the child’s ongoing needs as they grow up. Child support ensures the child has the financial resources to preserve their best interests. For many parents, daycare is a necessary expense. That said, many parents wonder whether daycare is included in child support. Please continue reading to learn what is covered in child support in New York and how an adept Nassau County Child Support Attorney can help you today. 

What Does Child Support Cover in New York?

In any divorce that involves children under the age of 21, a crucial issue that must be addressed is how the child will be cared for financially. When spouses cannot reach an agreement on child support, it becomes a judge’s responsibility to determine an appropriate support obligation. It’s imperative to understand New York child support laws are based on the idea that children deserve to be financially supported by both of their parents. Child support ensures children receive the same support they would have received if their parents stayed together.

When the court creates a child support order, it’s based on a “basic child support obligation,” calculated by adding the parents’ incomes and applying a percentage representing the number of children being supported. Child support is a court-ordered payment from the non-custodial parent to the custodial parent. This type of financial support is designed to cover various expenses associated with childcare, such as food, clothing, shelter, medical care, education transportation, extracurricular activities, etc. It aims to provide financial assistance for the child’s basic necessities. It’s crucial to understand that a child’s needs are unique, and the court will try to anticipate those needs to provide a support order that covers them.

Who is Responsible for the Cost of Daycare After a Divorce?

While child support covers a child’s necessities, there are various expenses that child support payments are not legally expected to cover. However, additional expenses, including daycare, may be added to a support obligation. For childcare to be covered, it must be considered a work-related expense. If the custodial parent is working, pursuing an education, or undergoing vocational training, and their children require daycare or some other form of child care, then the other parent may be requireed to contribute towards the cost of daycare as part of their child support obligaiton.

If you’re seeking a divorce and children are involved, please don’t hesitate to contact a determined attorney from The Pollack Law Firm, P.C. We have the experience to guide you through the child support laws of New York and help you understand what expenses child support may cover.

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