Work-Reltated Child Care Expenses In Virginia

Introduction

     A significant part of any child support matter in Virginia is work-related childcare expenses and how those expenses affect an award of child support. Work-related childcare expenses can include day care, preschool, after-school camps, and nannies. 

How Work-Related Childcare Expenses Affect Child Support

     When determining an award of child support, the court may take into consideration and expenses that are claimed to be work-related childcare expenses by the parent receiving child support. The court determines what amount of the relevant expenses to give the parent “credit” for, and that amount is the factored into the calculation of the child support award.

     In Mehari v. Mesfun-Mehari, Record No. 0361-23-4, July 16, 2024, Circuit Court of Fairfax County, it was determined that the mother was to receive a $3,500.00 credit for work-related childcare expenses she was paying to a nanny for the children. The father argued that this was not a “reasonable and necessary” expense, and claimed that the mother unilaterally retained a nanny just before the final court hearing. However, it was determined that this was not true; in fact, the parties had a different nanny for five-and-a-half years, and the parties interviewed the new nanny together just days after the previous nanny left. The mother claimed that she pays the nanny $3,500.00 per month, and received full credit for that amount as a work-related childcare expense.

Conclusion

     In Virginia, many factors affect an award of child support, and work-related childcare expenses is just a common example. If you can prove that the claimed work-related childcare expense is reasonable and necessary, it is likely you will get credit for it when the court is determining an award of child support. If you would like to discuss your options in your Virginia child support matter, please call one of our offices at 804-325-1245 (Richmond) or 757-941-4298 (Williamsburg) to discuss how our attorneys can be of assistance.

Special thanks to Owen Togna for editorial assistance in drafting this article.