Who Pays Daycare Expenses in an Ohio Divorce or Child Custody Case?

One of the most common questions parents ask during a divorce or custody case is:

"Why am I paying for daycare when I only have my child every other weekend?" The answer is more complicated than many people expect. Under Ohio law, daycare expenses are generally treated as part of the child support calculation—not simply as an expense of the parent who uses the daycare. Understanding how these costs are allocated can help parents better prepare for divorce, child support, and custody proceedings in Franklin County and throughout Central Ohio.

How Ohio Law Treats Daycare Expenses

Ohio child support laws require courts to consider work-related child care expenses when calculating child support. In most cases, parents share these costs based on their relative incomes rather than the amount of parenting time each parent exercises. The child care expense must generally:

• Be necessary to allow a parent to work or participate in employment training;

• Be supported by credible evidence;

• Exclude any reimbursed or subsidized amounts; and

• Fall within the maximum allowable state guidelines.

For example, if daycare costs $1,200 per month and one parent earns 70% of the parties' combined income, that parent may be responsible for approximately $840 of the daycare expense, even if that parent only has parenting time every other weekend.

Why Would the Parent With Less Parenting Time Pay Daycare?

Many parents believe daycare should be paid only by the parent who actually uses it during the workweek. However, Ohio law views daycare differently. The purpose of work-related daycare is to allow a parent to maintain employment and provide financial support for the child. Because both parents have a legal obligation to support their children, courts generally allocate daycare costs according to each parent's share of the combined income—not according to the number of overnight visits. This often surprises parents, particularly higher-income parents with limited parenting time.

What If the Other Parent Isn't Working?

This is where the issue becomes much more fact-specific. Ohio law only includes work-related child care costs in the child support calculation. If one parent is unemployed, the court may closely examine whether daycare is actually necessary.

Questions the court may consider include:

• Is the parent actively employed?

• Is the parent attending school or vocational training?

• Is the parent actively searching for work?

• Is the parent voluntarily unemployed or underemployed?

• Could the parent reasonably care for the child instead of using full-time daycare?

If daycare is not reasonably necessary because the parent is available to care for the child, the court may decline to include all or part of the daycare expense in the child support calculation. The outcome depends on the specific facts of each case.

Can the Court Order One Parent to Pay Most of the Daycare?

Yes.

Because daycare expenses are generally allocated according to income, the higher-earning parent often pays a larger percentage of the cost.

For example:

• Parent A earns $180,000 per year.

• Parent B earns $60,000 per year.

• Combined income: $240,000.

Parent A earns 75% of the combined income and may therefore be responsible for approximately 75% of the daycare expense, even if Parent B has primary physical custody.

Can Daycare Expenses Be Challenged?

Absolutely.

Parents should not assume every daycare expense will automatically be included in child support. Depending on the circumstances, it may be appropriate to argue that:

• The daycare is not actually work-related.

• The parent is voluntarily unemployed or underemployed.

• The daycare costs are unreasonable or excessive.

• The claimed expenses are not supported by documentation.

• Less expensive alternatives are available.

• The child support calculation should be adjusted because applying the guideline amount would be unjust or inappropriate.

Ohio courts also have authority to deviate from the guideline child support amount when the facts justify a different result and doing so is in the child's best interests.

Every Family's Situation Is Different

Daycare expenses can have a significant impact on child support. While Ohio law provides a framework for allocating these costs, the outcome often depends on the parents' employment, incomes, parenting schedule, and the necessity of the childcare expense. If you are facing a divorce, custody dispute, or child support modification in Columbus or anywhere in Central Ohio, it is important to understand how daycare expenses may affect your financial obligations. An experienced Ohio family law attorney can review your specific circumstances, evaluate whether daycare expenses are properly included in the child support worksheet, and advocate for a fair result under Ohio law.