§ 8-311. Annualized child care expenses.
A. The Office of Administrative Hearings or Trial Court shall determine the actual annualized child care expenses reasonably necessary to enable either or both parents to:
1. Be employed;
2. Seek employment; or
3. Attend school or training to enhance employment income.
B. When a parent is participating in a state or tribal child care subsidy program, the Child Care Eligibility/Rates Schedule established by the state or tribal subsidy program shall be used to determine the amount to be treated as actual child care costs incurred. When applying the schedule to determine the family share copayment amount, the share of the base monthly obligation for child support of the nonresponsible parent and the gross income of the obligee shall be considered as the monthly income of the obligee. The actual child care costs incurred shall be the family share copayment amount indicated on the schedule which shall be allocated and paid monthly in the same proportion as base child support.
C. The actual annualized child care costs authorized in this section shall be allocated and added to the base child support order, and shall be the final child support order.
D. The parent incurring child care expenses shall notify the obligor within forty-five (45) days of any change in the amount of the child care costs that would affect the annualized child care amount as determined in the child support order.
E. A parent may be allowed to provide child care incurred during employment, employment search, or while the other parent is attending school or training if the Office of Administrative Hearings or Trial Court determines it would lead to a significant reduction in the actual annualized child care cost. ONCA 12-51, eff. June 18, 2012.