518A.40 CHILD CARE SUPPORT.
Unless otherwise agreed to by the parties and approved
by the court, the court must order that work-related or
education-related child care costs of joint children be divided between
the obligor and obligee based on their proportionate share of
the parties' combined monthly PICS. In other words divided proportionate
to their total share of combined gross income.
Child care costs shall be adjusted by the amount of
the estimated federal and state child care credit payable on behalf of a
joint child which is generally 25%. In other words, if the custodial
parent receives a child care credit, that is deducted from the total
amount that is divided between parents. The Department of Human
Services is directed to develop tables to calculate the applicable
credit based upon the custodial parent's PICS.
If the custodial parents income meets the income
eligibility requirements for child care assistance under the basic
sliding fee program under chapter 119B, the court must order the obligor
to pay the lesser of the following amounts:
- the amount of the obligor's monthly co-payment
for child care assistance under the basic
sliding fee schedule established by the commissioner of education
under chapter 119B, based on an obligor's monthly PICS and the size
of the obligor's household provided that the obligee is actually
receiving child care assistance under the basic sliding fee program.
For purposes of this subdivision, the obligor's household
includes the obligor and the number of joint children for whom
child support is being ordered; or
- the amount of the obligor's child care obligation
The court must require verification of employment or
school attendance and documentation of child care expenses from the
obligee and the public authority, if applicable.
If child care expenses fluctuate during the year
because of the obligee's seasonal employment or school attendance or
extended periods of parenting time with the obligor, the court must
determine child care expenses based on an average monthly cost.
The amount allocated for child care expenses is
considered child support but is not subject to a cost-of-living
The court may allow the parent with whom the joint
child does not reside to care for the joint child while the parent with
whom the joint child resides is working or attending school. Allowing
the parent with whom the joint child does not reside to care for the
joint child, is not a reason to deviate from the guidelines.
When a court order provides for child care expenses
and the public authority provides child support enforcement services,
the public authority must suspend collecting the amount allocated for
child care expenses when:
- either party informs the public authority that no
child care costs are being incurred; and
- the public authority verifies the accuracy of the
information with the other party.
The public authority will resume collecting child care
expenses when either party provides information that child care costs
If the parties provide conflicting information to the
public authority regarding whether child care expenses are being
incurred, the public authority will continue or resume collecting child
care expenses. Either party, by motion to the court, may challenge the
suspension or resumption of the collection of child care expenses. If
the public authority suspends collection activities for the amount
allocated for child care expenses, all other provisions of the court
remain in effect.