In a recent divorce case in Staten Island, before Judge Ronald Castorina, Jr. the court made it clear that there is a big difference between child- care costs and maintenance or child support payments.  The court granted the plaintiff wife her request for expenses of child-care for a nanny although the husband argued against it. The husband claimed the monies paid were excessive and the child support and maintenance payments he was making covered these expenses.  

There is a clear distinction in the law between maintenance and child support. Each is separate and distinct. Pursuant to the Child Support Standards Act, child- care and unreimbursed medical expenses are mandatory add-ons. This means they are paid in addition to child support.  In order to receive the child- care reimbursement, it is must be incurred during working hours. Proof of payment for the expense must be clear and sent to the other party so that they are aware of what the expense is and that it is in fact due and owing. 

 In this case, the Judge also made it quite clear that it was credible for the plaintiff wife to pay $650.00 per week for a full-time nanny to maintain her employment. The court’s reasoning was as follows: it was best for the children for the wife to keep her job and provide a lifestyle which the children had grown accustomed to and the father as a result had to share in that cost pursuant the CSSA and according to his pro rata share.

Child care can be very expensive and it is something to consider in settlement negotiations and when considering the cost of divorce and your future. We, at the DePalo Law Firm, take this into account when we counsel our clients.