Bucci & Dix

Ex-Husband Forced to Pay for Childcare Rather than Provide it Himself

In Kappeler v. Kappeler, the Virginia Court of Appeals ordered a father to pay additional child support for after-school care rather than allowing him to care for his children instead.  The initial child support agreement between husband and wife provided for joint custody and for support payments to compensate the mother while she had custody of the children.  The agreement specifically excluded after-school care, but provided for before-school and summer-time care.  A year after the initial agreement, wife sued husband attempting to increase child support to include after-school care.  The husband cross-sued, arguing that he was making less money and that he was available to take care of the children after-school, thus obviating the need for increased support payments.  The father pointed out that Virginia law requires a court to consider the willingness and availability of a noncustodial parent to provide child care in determining whether child-care costs are necessary or excessive.

The court acknowledged that argument, but held that it would be wholly inappropriate to allow husband to provide after-school care while wife had custody of the children.  The court pointed to evidence of husband's hostility and volatility toward wife, stating that these factors outweighed the considerations provided by law.  The husband was ordered to pay additional child support and denied the ability to provide after-school care himself.