**Rule 1910.16 -**  **6. Support Guidelines.**  **Ad justments to the Basic Support** 

**Obligation. Al**  **location of A dditional Expenses.**  The trier of fact may allocate between the parties the additional expenses identified in subdivisions (a)

- (e). If under the facts of the case an order for basic support is not appropriate, the trier of fact may allocate between the parties the additional expenses. (a) Child care expenses. Reasonable child care expenses paid by **[either parent]**  **the parties** , if necessary to maintain empl oyment or appropriate education in pursuit of income, shall be allocated between the parties in proportion to their monthly net incomes **[ and added to his and her basic support obligation]**

. **The court may order that the obligor’s share is added to his or he**  **r basic support obligation, paid directly**  **to the service provider, or paid directly to the oblige**  **e .**  Wh en a **[parent] party**  is receiving a child care subsidy through the Department of Human Services , the expenses to be allocated between the parties shall be the amount actually paid by the **[parent] party**  receiving the subsidy.

* * * **(1) Documentation of the child**  **care expenses shall be provided to the**  **other party within a reasonable period of time after receipt**  **unless the service provider invoices the parties**  **separately for their proportionate share of the**  **expense .**  **A llocation**  **of expenses for which documentation is not timely provided**  **to the other party**

**shall be within the discretion of the court.** ( **[ 1**  **] 2**  ) Except as provided in **[ subsection (2)**  **] subdivision (3)**  , the total child care expenses shall be reduced to reflect the amount of the federal child care tax credit available to the eligible **[parent] party**  , whether or not the credit is actually claimed by that **[parent] party**  , up to the maximum annual cost allowabl e under the Internal Revenue Code. ( **[2] 3**  ) The federal child care tax credit shall not be used to reduce the child care expenses subject to allocation between the parties if the eligible **[parent] party**  is not qualified to receive the credit.

* * * (d) Pri vate School Tuition. Summer Camp. Other Needs. **[ T**  **he support schedule does not take into consideration expenditures for private school tuition**  **or other needs of a child which are not specifically addressed by** 

**the guidelines. If the court determines that one or more such needs are reasonable, the expense**  **t hereof shall be allocated between the parties in proportion to their net incomes.** **The obligor’s share may be added to his or her basic support**  **obligation. ]**  **Expenditures for needs outside the scope of typical child**  **- rearing**  **expen ses**  **, e.g., private school tuit ion, summer camps,**  **have not been factored into the Basic Child Support Schedule.** 

**(1) If a party**  **incurs an expense**  **for a need**  **not factored into the Basic Child Support Schedule**  **and t he court determines**  **the need and expense are**  **reasonable, the court**  **shall a**  **llocate the expense**  **between the parties in proportion to the**  **parties’ monthly**  **net incomes. The court may**  **order that the**  **obligor’s share is**  **added to his or her basic support obligation, paid directly to the**  **service provider, or paid directly to the**  **obligee. (2)**  **Documentation of the expen**  **ses allocated under (d)(1)**  **shall be provided to the other party**  **not later than March 31 of the y ear follow**  **ing the calendar y** **ear in which the invoice**  **was received unless the service provider**  **invoices the parties separately for their proportionate share**  **of the expense**

**. For**  **purposes of subsequent enforcement, th**  **e se**  **expenses need not be submitted to**  **the domestic relations section prior to March 31. Al**  **location of exp**  **enses for which documentation is not timely**  **provided to the other party shall be within the**  **discretion of the court.**

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