Who Pays for Daycare Costs in a Nevada Divorce?

If you’re going through a divorce, childcare is a major monthly expense. Maybe you’re paying $800 for daycare so you can work. Maybe your ex thinks that should come out of child support. Maybe you’re wondering if the judge will make you split it 50/50 even though your ex earns twice what you do. These are real questions with real financial consequences. Here’s what Nevada law actually says about who pays for daycare when parents divorce.

The Bottom Line

In Nevada, both parents typically share daycare costs. Daycare is not rolled into the basic child support percentage you might have heard about (like 18% of income for one child). Instead, it’s treated as an additional expense that courts divide between parents based on their incomes and ability to pay.

Think of it this way: child support is the foundation, and daycare is part of the structure built on top. The court calculates your base support obligation first, then figures out how to split the childcare bill fairly. Your divorce attorney can help you make your position clear to the court so you don’t end up paying more than you should, and your ex pays their fair share.

How Nevada’s Child Support System Works

Nevada uses a straightforward income-based formula for basic child support. Under NRS 125B.070, the percentages are:

• 18% of gross income for one child
• 25% for two children
• 29% for three children
• 31% for four children

You can use this simple child support calculator to see what the formula works out to be in your situation. But here’s what many people don’t realize: these percentages cover basic needs like food, clothing, and shelter. They don’t automatically include work-related childcare costs.

Once the court determines that base support number, it looks at actual daycare expenses under a separate rule. This is where Nevada Administrative Code 425.130 comes in. The regulation is clear: “The court must consider the reasonable costs of child care paid by either or both parties and make an equitable division thereof.”

In plain English: after calculating base support, the judge splits childcare costs fairly between both parents.

What “Equitable Division” Actually Means

Equitable doesn’t always mean equal. A 50/50 split might be fair if you both earn similar incomes. But if one parent makes $100,000 and the other makes $40,000? The court will assign a larger share of the daycare bill to the higher earner.

The court looks at several factors:

• Each parent’s gross income
• The actual monthly daycare cost
• Whether the childcare allows a parent to work or go to school
• Whether either parent could care for the child instead of using daycare
• The availability and cost of alternatives

Courts won’t approve childcare costs if a parent is unemployed by choice and could watch the kids themselves. But if you need daycare to hold down a job, Nevada law recognizes that as a legitimate shared expense.

Court-Ordered Divorce vs. Mediated Agreement

When a Judge Decides

If you can’t agree on child support and go to court, the judge follows a specific process. First, they calculate each parent’s base support obligation using the statutory formula. Then they look at your daycare situation.

Let’s say you’re the custodial parent paying $1,000 a month for daycare so you can work. The judge might order your ex to reimburse you for half ($500), or might reduce their regular support payment to account for it. The order will spell out exactly who pays what and when.

When You Settle Out of Court

Most divorces settle. You and your spouse (probably with your attorneys or a mediator) negotiate child support as part of your divorce agreement.

You have flexibility here. Under NRS 125B.080, parents can agree to a different support amount than the guideline formula would produce. You could agree to split daycare 60/40, or one parent could agree to cover it entirely.

What About Daycare While the Divorce Is Pending?

Here’s a problem a lot of parents face: your spouse moves out, and suddenly you need daycare to keep working. But your divorce won’t be final for months. What happens to daycare costs in the meantime?

Nevada divorce law has an answer. Under NRS 125.040, either parent can ask the court for temporary support orders while the divorce is pending. These orders can cover child support and daycare costs just like a final decree would. The court applies the same income formula, the same NAC 425.130 rule about splitting childcare expenses. The only difference is that temporary orders last only until the judge signs your final divorce decree.

You file a motion for temporary orders (your attorney handles this, or you can use the court’s self-help forms if you’re representing yourself). The court schedules a hearing, usually within a few weeks. At the hearing, you show the judge your daycare costs and both parents’ incomes. The judge then orders temporary child support and allocates the daycare expense between you and your ex, based on the same proportional sharing we’ve been discussing. Those payments start right away. If your ex doesn’t pay, temporary orders are enforceable the same way final orders are. You can pursue wage garnishment, file for contempt, or use other enforcement tools.

This matters because divorces take time. In Nevada, you have a mandatory six-week waiting period from the date you file until the divorce can be granted, and most cases take several months longer if there are custody or property disputes. You can’t wait that long to figure out how daycare gets paid. Temporary orders bridge that gap. They give you a court-backed plan for who pays what while the divorce works its way through the system. When the divorce is finalized, the temporary orders are replaced by the permanent support provisions in your decree. If your financial situation hasn’t changed much between the temporary hearing and the final decree, the permanent order often looks a lot like the temporary one.

How Your Custody Arrangement Affects Daycare Costs

Nevada starts with a presumption of joint custody under NRS 125C.0015. Most parents share legal custody and decision-making. But the physical custody split (where the kids actually live) affects how daycare costs get divided.

Primary Custody (One Parent Has the Kids Most of the Time)

If you have primary physical custody, you’re likely the parent arranging and paying for daycare. The noncustodial parent pays child support to you, and part of the idea is that support helps cover everyday expenses, including childcare. But under NAC 425.130, the court still allocates the daycare cost specifically. If you’re paying $800 a month for daycare, the judge might order your ex to pay you that $800 on top of regular support, or might reduce their base support and give you credit for the daycare you’re covering. Either way, both parents end up contributing.

Joint Physical Custody (50/50 or Close to It)

When parents share custody more evenly, Nevada uses a different calculation. Each parent’s support obligation is figured separately based on their income, then the parent who owes more pays the difference to the other parent. After that offset, daycare is still handled as a separate shared expense. If you split time 50/50 and earn similar amounts, you’ll probably split daycare 50/50 too. If one parent earns more, that parent typically pays a larger share.

For example: You and your ex share custody equally. You earn $60,000; they earn $90,000. You might agree (or the court might order) that they pay 60% of daycare costs and you pay 40%, roughly matching your income ratio.

Real-World Examples

Scenario 1: Mom Has Primary Custody, Dad Pays Support

Sarah has primary custody of her 4-year-old. She works full-time and pays $900 a month for daycare. Her ex, Tom, earns $75,000 a year; Sarah earns $45,000.

The court calculates Tom’s base support at 18% of his gross income (about $1,125 per month). Then the judge looks at the $900 daycare cost. Given the income disparity, the court might order Tom to pay Sarah an additional $540 per month (60% of daycare) or might fold that into a total support payment of $1,665. Either way, both parents are contributing—Sarah through direct care and her 40% share, Tom through his support payments.

Scenario 2: Joint Custody, Similar Incomes

Mike and Jennifer share custody 50/50. They both earn about $55,000. Their daughter goes to daycare three days a week during Mike’s custody time and two days during Jennifer’s time, totaling $700 a month.

After the support offset calculation (which leaves them nearly even), the court orders them to split the $700 daycare bill right down the middle: $350 each. Since the daycare is paid to one provider, they agree Mike will pay the full amount and Jennifer reimburses him $350 monthly.

Scenario 3: Joint Custody, One High Earner

Lisa earns $120,000 as a surgeon. Her ex, David, earns $40,000 as a teacher. They share custody 60/40 (Lisa has the kids slightly more). Daycare runs $1,100 per month during the school year.

The court calculates that Lisa should cover roughly 75% of the daycare cost ($825) and David covers 25% ($275), reflecting their income ratio. The order specifies that Lisa pays the daycare provider directly and David pays Lisa his $275 share each month.

What You Need to Know

Document everything. Keep receipts from your daycare provider, enrollment agreements, and payment records. You’ll need these if the court is going to allocate costs fairly. If you’re negotiating a settlement, actual numbers beat guesses.

Work-related care counts. The childcare expense has to be reasonable and necessary. If you need daycare to work or attend school, that’s valid. If you want to send your child to an expensive Montessori program purely for enrichment while you stay home, the court probably won’t make your ex split that cost.

Expect proportional sharing. Unless you earn nearly identical incomes, don’t assume you’ll split daycare 50/50. Courts look at ability to pay. The parent who earns more will likely pay more.

Get it in writing. Verbal agreements about who pays daycare aren’t enforceable. Your divorce decree or child support order needs to specify the arrangement clearly. If circumstances change later (new daycare, different costs, job change), you can ask the court to modify the order.

Don’t skip this in mediation. Some couples focus only on the base support number and forget about daycare until later. Address it upfront. Mediators and attorneys should walk you through NAC 425.130 so you’re both clear on expectations.

The Nevada Statutes That Govern Child Care in Divorce

If you want to dig into the legal details yourself, here’s what you’re looking at:

• NRS 125.007 – Requires every divorce to address the care, support, education, and maintenance of minor children. This is the statute that makes child support mandatory.
• NRS 125B.070–.080 – Sets the income-based child support formula and directs courts to apply the DHHS support guidelines.
• NAC 425.130 – The regulation that explicitly requires courts to consider childcare costs and divide them equitably between parents. This is the core rule on daycare.
• NRS 125C.0015 – Establishes Nevada’s presumption of joint custody, which affects how support (including daycare) gets calculated when parents share time more equally.

How Kelleher & Kelleher Can Help

Divorce is stressful enough without worrying whether you’ll be able to afford childcare. At Kelleher & Kelleher, we’ve handled hundreds of Nevada family law cases, and we know how courts apply these rules in practice.

Whether you’re negotiating a settlement or headed to court, we can help you.

If you have questions about daycare costs, child support, or any other aspect of your Nevada divorce, reach out for a consultation. We’ll give you straight answers and a path forward.

Contact Kelleher & Kelleher today.