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Family Law Software can calculate child support guideline amounts in 21 states.

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Question: Pennsylvania Child Care - Should Obligor Payee Get a Reduction

Answer: You have asked whether, if a child support obligor pays more than his share of child care expenses, he should get a reduction in child support.

First, we observe that the software does calculate a child care obligation to each parent, which is proportional to the parent's income.

However, if the noncustodial parent pays more than his share, more than his obligation, then the noncustodial parent does NOT get a reduction of his child support obligation.

We arrived at this interpretation by comparing the language in the rules on child care to the language concerning health insurance.

In the case of health insurance, the rule explicitly says that the payer DOES get a reduction in the support obligation.

Therefore, since the rules were silent on this issue with respect to child care, and since we know that the rules know how to spell out a reduction if they want to, we concluded that the obligor-payer does NOT get a reduction of support for paying more than his share in the child care case.

Moreover, on the official state form, there are two lines for health insurance: One adding obligor's share and one subracting obligee's share.

On the official form for child care, there is only one line, adding obligor's share.

From these observations, we conclude that if a child support obligor pays more than his share of child care expenses, he does NOT get a reduction in child support.


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