The Washington Child Support Daycare Expenses Conundrum

The daycare payment situation as it relates to Washington child support orders is a puzzling thing. As it stands, the applicable laws seem to be in favor of the obligee. Currently, daycare costs are to be apportioned between the parents in the same proportion as each parent's respective share of the combined monthly income. Wash. Rev. Code § 26.19.080(3).

We have also seen that the courts will not order a disproportionate share of the daycare expenses unless the court has deviated from the standard calculation for some other appropriate reason. On paper, the obligor has a cause of action available to recoup overpaid daycare expenses. The caveat is that the expenses must amount to 20 percent of the obligor's annual daycare expense. This remedy, although frail, may be useful in some situations. One of the major problems with this approach is that it is effective only when daycare payments have been made a part of the monthly transfer payment. How does one address daycare payments paid directly to a provider? What if that provider is a family member or other close friend of the obligee? How does one address the myriad of issues that may arise as they relate to daycare payments.

The daycare expenses statute mentioned above does little to address real-world situations. However, there may be a silver lining for obligors who are stuck in a daycare payment nightmare. Washington lawyers, paralegals, and pro se individuals must look to Wash. Rev. Code 26.19.080(4) which states: "The court may exercise its discretion to determine the necessity for and the reasonableness of all amounts ordered in excess of the basic child support obligation." In my opinion, this section is a "catch all" provision and a door to litigate specific matters concerning the prospective daycare amounts. I say prospective because it is unlikely that the courts will rely on this provision as justification to reimburse any amounts already paid.

What use if any do you think the aforementioned section has when dealing with non-routine daycare payment issues?