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Suiter v. Suiter5/27/2005
will reside with Patrick at least forty percent of the year. We find no error.
Terri complains that the court made no allocation for child care expenses. She correctly points out that child care expenses are to be awarded in addition to the amount ordered under the child support guidelines. Because it is not child support as the term is used in the statutes, it is not subject to the modification standard imposed by KRS 403.213(1) and may either be increased or decreased at anytime upon a showing of circumstances requiring a change.
We agree with Terri that the lower court's reason for denying her child care expenses is flawed. It found that $1,100 for child care for three children was unreasonable and that if that was the cost, Terri simply should not work. This logic is erroneous for several reasons. First, this court can not agree that it is absolutely unreasonable, or impossible, for child care in a licensed facility to cost $90 to $95 per week per child. Also child care expenses are temporary in nature decreasing as each child enters school. Therefore, it is entirely reasonable for a parent to work, often paying child care expenses in an amount representing a significant portion of their income, in order to have employment and earnings when the child care expenses decrease.
Despite our disagreement with the circuit court's reasoning, we agree with its result. Child care expenses are for amounts actually incurred and are easily documented. Terri failed to submit any evidence that the children are enrolled in a day care facility but only what it would cost if she enrolled them in various facilities. As previously stated, modification of child care expenses may be made upon a showing of a change of circumstances at any time. Therefore, should Terri actually enroll the children and incur such expenses, upon presentation of sufficient evidence of the cost, she will be able to again seek payment from Patrick for his proportionate share.
The judgment of the Logan Circuit Court is affirmed.
ALL CONCUR.
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