Starting September 1, 2024, California’s Family Code introduces new guidelines for handling child support and related expenses. These updates specify how parents should share costs for uninsured health care and childcare, with clear rules on apportioning expenses based on each parent’s income. For example, if parents both contribute to uninsured medical expenses, they will now do so proportionally based on their adjusted net incomes, ensuring fairness and clarity.

Navigating child support can be a maze of legal jargon and complicated formulas. But don’t worry—let’s break down how the courts handle additional child support costs in a way that’s easy to grasp. We’ll use a simple example to make everything crystal clear!

What Does the Law Say?

When a court decides on child support, it not only addresses the basic amount of money one parent pays to the other but also considers additional expenses. Here’s how it works:

Basic Support vs. Additional Support

• Basic Child Support: This is the primary amount determined using a specific formula (from Family Code Section 4055). This covers everyday expenses for the child.

• Additional Support: This includes extra costs like childcare for work or education, and uninsured medical expenses, as outlined in Family Code Section 4063.

Dividing the Costs: A Simple Formula

To figure out how these additional costs are split between parents, the court uses a straightforward formula:

Calculate Each Parent’s Share:

• Determine Net Income: Each parent’s income is considered, with adjustments for things like spousal support (if applicable) and existing child support obligations.

• Apply the Formula: Expenses are divided based on each parent’s proportion of the total net income.

Here’s a step-by-step example to show you how it works:

Example: Meet Jamie and Taylor

Jamie and Taylor are co-parents of a child, Alex. They’ve agreed that Jamie will pay Taylor a basic child support amount, but there are also some additional costs to sort out.

1. Additional Costs:

• Childcare: $300 per month for Jamie and Taylor to work.
• Medical Expenses: $100 for Alex’s recent doctor's visit.

2. Calculate Net Incomes:

• Jamie’s net income: $3,000 per month
• Taylor’s net income: $2,000 per month
• Total net income: $5,000

3. Divide the Costs:

• Jamie’s Share: Jamie earns 60% of the total net income ($3,000 of $5,000).
• Taylor’s Share: Taylor earns 40% of the total net income ($2,000 of $5,000).
• Childcare Costs: $300 x 60% = $180 (Jamie’s share), $300 x 40% = $120 (Taylor’s share)
• Medical Expenses: $100 x 60% = $60 (Jamie’s share), $100 x 40% = $40 (Taylor’s share)

What If There’s a Dispute?

If Jamie or Taylor disagrees on the amount they need to pay or receive, they must pay the amount requested and can later seek legal relief if necessary. The court can also award costs and attorney’s fees if it finds that either party was unreasonable.

Key Points to Remember

• Health Insurance: If a parent’s health insurance covers Alex, it must be used unless proven inadequate.
• Preferred Providers: If insurance specifies a provider, that one should be used to avoid extra costs.
• Childcare Costs: Only reasonable costs for work or necessary training are included, and the court will consider the need and reasonableness.

By understanding these principles, Jamie and Taylor can better navigate their responsibilities and ensure Alex’s needs are met without unnecessary disputes. If you find yourself in a similar situation, knowing these guidelines can help you advocate for a fair and practical child support arrangement.

At M.C. Law, P.C., we're here to help you navigate these changes and ensure that your family law matters are handled with precision and care. Contact us to understand how these new laws might affect your case and to get expert legal support tailored to your needs.