What Impact Could Divorce Have on Daycare Decisions?

 Posted on October 15, 2024 in Divorce

Many parents must work to pay necessary expenses. After a divorce, money may be tighter for both parties, making working even more vital. This means that younger children may need daycare when no close family member can care for them. As of 2023, about 23 million children ages five and under lived in the United States, with seventy-one percent of them living in households where both parents work. As a result, many working parents need some form of childcare arrangements.

If you are in the middle of a divorce and are facing issues with the allocation of parental responsibilities and child support, you may wonder how your child’s daycare could be affected. Will you be able to continue to afford daycare, or will your ex be required to pay at least half? Speaking to a knowledgeable Naperville, IL child support attorney from Calabrese Associates, P.C. can be helpful as you sort out the details of your divorce.

Was Your Child Attending Daycare Prior to the Divorce?

If your child was already in daycare at the time of your divorce, he or she would most likely continue to attend that daycare until he or she is old enough to attend preschool or kindergarten. The judge will assume that daycare was a joint decision made by both parents; therefore, it was a valid choice and should continue. The responsibility to pay for daycare will probably be shared by both parents, depending on each parent's income, expenses, and who has primary custodial care of the child.

What if You Have Not Yet Registered Your Child for Daycare?

Suppose one parent stayed home with the child during the marriage, but that parent must now work, so the child needs daycare. The first question is whether you are allowed to put your child in daycare at all. The allocation of parental responsibilities will determine whether one or both parents make all important decisions regarding education, health, religion, and extracurricular activities.

While daycare is most likely considered an educational decision, if it is associated with a mosque, temple, church, or synagogue, it could also be a religious decision. If you and your ex cannot agree on whether the child should be in daycare or which daycare he or she should be in, you may find yourself back in court, where the judge will decide for you. In the state of Illinois, family courts usually defer to the least expensive, most adequate daycare.   

The next question is which parent will pay for daycare expenses. Under 750 ILCS 5/505 (a)(3.7)(C), the amount of child care expenses factored into child support amounts "shall be adequate to obtain reasonable and necessary child care." If childcare was not factored into your child support, you may need to ask the court to modify the amount of support so that childcare is covered.

Additional Issues Related to Daycare Costs

If one parent has a close relative willing to care for the child for free, the court will typically allow that in lieu of paid childcare. If one parent finds a daycare center that is considerably cheaper than the proposed or current one, assuming the daycare is convenient for all parties, the court will probably allow it. Once daycare becomes preschool, a judge will likely consider the educational advantages of individual preschools as well.

Contact a DuPage County, IL Child Support Lawyer

If you have questions about which parent gets to choose where your child attends daycare and who will pay for it, an experienced Naperville, IL child support attorney from Calabrese Associates, P.C. can help. With more than 40 years of combined experience, you can rely on our highly skilled family law attorneys. Attorney Michael Calabrese is a former chair of the DuPage County Bar Association Family Law Committee and frequently lectures on family law-related issues. Call 630-393-3111 to schedule an initial consultation.