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What if I find out the other parent has not been paying for childcare even though I have been paying for my share?

6/3/2015

 
17.  Welcome back! Mistakes happen, right?  What if I find out the other parent has not been paying for childcare even though I have been paying for my share?

            Believe it or not, this actually happens!  And as often as not, it happens by reason of inadvertence, as opposed to deception.

            When a Child Support Order is entered, parents will often lump together child support with the proportionate share of health insurance and childcare.  Remember back in Lesson 3 when we drew the bold red line on the worksheet to avoid confusion about a party's obligation to pay child support and the obligation to pay a proportionate share of childcare and health insurance expense?  Here is where the confusion would set in had we not drawn that red line.

            The worksheet actually encourages this oversight, in my judgment, as Line 13 at the bottom of the worksheet is the net amount actually paid, and many parties understandably consider that amount to be the “child support”.  Thus, the red line I use to make sure that confusion will be avoided.

            Regardless of whether by mistake or deceit, the law allows a full recovery of overpaid childcare expenses by a parent.  In 2012, the Kentucky Court of Appeals addressed this very question in the case of Nosarzewski v. Nosarzewski, 375 SW3d 820 (Ky. App. 2012).  The judge in that case went back 8 years and awarded the father more than $10,000 he had paid the mother for child care expense that had not been incurred.  Even though there was no fraud in that case in the mother's acceptance of a monthly payment which included both child support and child care expense, she was ordered to pay the father back, and the Court of Appeals affirmed the trial judge.

      So, now you know to check your records about child care expense!  

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    Judge John Schrader is a Husband, a Father, and a Lexington Attorney providing legal and mediation services in the office of Sherrow, Sutherland & Associates, P.S.C.

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    CHILD SUPPORT TABLE OF CONTENTS
    1. Who is required to pay child support in Kentucky?
    Publish Date: April 29, 2015
    2. What do I do to obtain a Kentucky Child Support Order?

    Publish Date: April 29, 2015
    3. How is child support calculated under the guidelines?
    Publish Date: April 30, 2015
    4. What is considered “gross income” for child support calculations?
    Publish Date: May 5, 2015
    5. How do I find out what the other parent's income is?
    Publish Date: May 6, 2015
    6. What about income from self-employment or business income?
    Publish Date: May 7, 2015
    7. What if a parent is voluntarily unemployed or underemployed?
    Publish Date: May 13, 2015
    8. What if one parent is paying maintenance?
    Publish Date: May 13, 2015
    9. Is there an adjustment to a parent's "gross income" if he or she is supporting a prior-born
    child?

    Publish Date: May 13, 2015
    10. What happens in a split custody arrangement where Sissy lives with Mother and Jr. lives with Father?
    Publish Date: May 20, 2015
    11. When can a judge deviate from the child support “guidelines”?
    Publish Date: May 20, 2015
    12. When the parents' combined monthly adjusted gross income exceeds $15,000 per month, how is child support calculated?
    Publish Date: May 20, 2015
    13. How does Kentucky law deal with the big-ticket item of childcare expense?
    Publish Date: May 27, 2015
    14. Do parents have to maintain private health insurance for their child, and if so, who pays
    for it?

    Publish Date: May 27, 2015
    15. Who pays for deductibles and co-pays and how do we deal with extraordinary medical expenses not covered by the insurance?
    Publish Date: May 27, 2015
    16. How does a parent actually recover the proportionate share of extraordinary medical expenses from the other parent?
    Publish Date: June 3, 2015
    17. What if I find out the other parent has not been paying for childcare even though I have been paying for my share?
    Publish Date: June 3, 2015
    18. How do I get a modification of child support in Kentucky?
    Publish Date: June 3, 2015
    19. When does child support terminate?
    Publish Date: June 10, 2015
    20. Is a Wage Assignment Order required for child support in Kentucky?

    Publish Date: June 10, 2015
    21. What does the court do about child support when the child spends a considerable amount of time with both parents?
    Publish Date: June 10, 2015
    22. What is involved in collection of child support?
    Publish Date: June 17, 2015
    23. How does the law deal with enforcement of the child support order when my ex and I
    live in two different states?

    Publish Date: June 17, 2015
    24. If Kentucky does not have jurisdiction over the other parent of my child, what is the UIFSA process to deal with establishment, enforcement and modification of child support
    orders?

    Publish Date: June 17, 2015
    25. What about parents who were not husband and wife to each other when their child was
    born?

    Publish Date: June 24, 2015
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