Child Care Cost in Divorce in Maryland

In a divorce in Maryland child support is based upon mandatory guidelines. One of the inclusions into the child-support calculation are actual childcare cost incurred by the custodial parent. The inclusion of childcare cost has a dramatic impact on increasing the amount of money to be paid by the noncustodial parent each month as payment. Below is outlined the Maryland statute on childcare expenses. As you will see the child care expense is properly included only where it is an actual costs incurred by the custodial parent due to employment or job search. As such if the custodial parent is incurring child care costs in pursuit of education or simply because they does not wish to keep an eye on the child every day the cost is not properly included in the child-support calculation. If you have any questions regarding child-support in a divorce in Maryland please feel free to give me a call at 1-888-760-7339. I am happy to answer your questions over the phone and will do so at no cost to you.

(g) Child care expenses.-

(1) Subject to paragraphs (2) and (3) of this subsection, actual child care expenses incurred on behalf of a child due to employment or job search of either parent shall be added to the basic obligation and shall be divided between the parents in proportion to their adjusted actual incomes.

(2) Child care expenses shall be:

(i) determined by actual family experience, unless the court determines that the actual family experience is not in the best interest of the child; or

(ii) if there is no actual family experience or if the court determines that actual family experience is not in the best interest of the child:

1. the level required to provide quality care from a licensed source; or

2. if the custodial parent chooses quality child care with an actual cost of an amount less than the level required to provide quality care from a licensed source, the actual cost of the child care expense.

(3) Additional child care expenses may be considered if a child has special needs.