The following are common methods of dividing variable expenses.įirst, regulation provides that variable expenses be divided based upon the amount of time a parent has for placement. Similar to defining variable expenses, the courts lend flexibility to parents when determining how to divide the expense. If parents disagree, they can agree to arbitrate or mediate the issue to avoid getting the court involved. When the parents agree, modifications to the variable expense definition can be amended with a simple stipulation and proposed order. To reduce misunderstandings, the definition should also be reviewed periodically, as the needs of their child change with age. These are conversations parents should generally have at the time they separate, divorce or establish paternity. Some parents want to pay for their child’s insurance and/or gas while others do not. Parents should also look ahead to expenses for transportation, such as the purchase of a car. For example, some parents want outerwear included as a variable expense since a child usually wears only one winter coat or one pair of boots at a time such items, however, go beyond the basic definition in the regulations. Variable expenses are defined as “the reasonable costs above basic support costs incurred by or on behalf of a child, including but not limited to, the cost of child care, tuition, a child’s special needs, and other activities that involve substantial cost.” Yet, as stated above, parents can create their own definition.Ĭlarity as to what counts as a variable expense can also help prevent future disagreements. There are three main challenges parents should consider when dealing with variable expenses: how to define what expenses will be included, considering a child’s changing needs over time, agreeing upon who will pay which expenses or what percentage of the overall total each parent will pay, and how parents will reimburse each other for these expenses. Hawks Quindel family law attorneys recommend parents define variable expenses beyond the regulation to create clarity and help avoid future disputes. Variable expense is broadly defined in the regulations, but it can be expanded and clarified by agreement of the parties, looking at the individual needs and interests of the parties and their children. However, as many parents can attest, children need other things not associated with one household or another these expenses are defined by the state legislature as “ variable expenses.” When parents share placement of their children, variable expenses are generally also shared. The purpose of a child support order is to cover the basic necessities, such as food, shelter and clothing for children. Beyond Child Support: Understanding the “Variable Expense”
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