Is Your Child Entitled to Child Support Add-Ons in California?
If you're a single parent, you are probably familiar with the concept of child support.
Child support is calculated using statewide guidelines, and while the court has the discretion to deviate from the guideline calculation, the guideline amount is presumptively correct in all cases.
That said, no family is the same. Perhaps one of your children was a preemie (or is accident-prone) and has increased healthcare expenses. Perhaps your child attends a private school and has higher-than-average educational costs. Or, on the other side of the coin, maybe your ex's close family member is being paid three times as much as the average nanny to watch your toddler.
In these cases, guideline amounts can seem unfair and unrealistic based on your family's needs. Fortunately, California provides for mandatory (the court must order them) and discretionary additional child support, often called "add-ons."
Two mandatory California add-ons
Caution: Just because these "add-ons" are mandatory doesn't mean the court has a crystal ball. In other words, if you forget to tell the court about your childcare costs and healthcare expenses, you might not receive them.
In addition to guideline child support, what else is your child entitled to receive? There are currently two mandatory add-ons: reasonable uninsured healthcare expenses and childcare costs.
Reasonable uninsured healthcare expenses
Additional help with reasonable uninsured healthcare expenses (medical, dental, and vision) can greatly assist your monthly budget. However, the issue is often not as straightforward as one would hope. The part of this add-on that often creates conflict is the term "reasonable." What is reasonable to one parent (like braces) may not be reasonable to another.
How will the court decide this issue, and how are these costs allocated between the parents?
Generally, there is a rebuttable presumption that amounts actually paid for the children's uninsured healthcare needs are reasonable. Based on the presumption of reasonableness, parents should think twice before refusing to share in a cost. This is especially so in light of the fact a parent may obtain an award for lawyer fees and costs if the court finds a party acted without reasonable cause regarding their obligations for the children's uninsured healthcare costs.
How are expenses shared between the parties?
Generally, these costs are shared 50/50 unless either parent requests a different apportionment and presents documentation demonstrating a different apportionment would be more appropriate. If there is a great disparity between the parties' net disposable incomes, the lesser-earning party should consider asking for an alternate allocation.
Your child is also entitled to additional support related to employment or reasonably necessary for the education or training for employment skills. It should be noted that there is no requirement for reasonableness regarding childcare costs related to employment. Thus, actual costs may be ordered.
How are childcare expenses shared between the parties?
Regarding allocation, generally, the costs are divided 50/50 between the parties. However, like healthcare costs, if there is a large disparity in the parties' incomes, the lesser-earning party should consider asking for a different allocation.
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There are also two types of discretionary add-ons: costs related to education/special needs and travel expenses. The court is not required to order the parties to share these costs, but parents can absolutely ask for them.
Costs related to education or special needs
What do "educational" and "special needs" mean? Educational costs are those "above-average costs. If your child is "exceptional" (gifted or handicapped) and requires a private school, or if your child has always attended private school based on your marital standard of living, this should be added on consistent with each party's ability to pay.
"Special needs" is a broad category. It is not limited to education costs and can include those costs necessary to mitigate a decline in the children's standard of living post-dissolution (ballet, soccer, or other extracurricular activities). If your child has additional ongoing costs that do not fit into the other categories, you may have better luck here. However, keep in mind that these costs are subject to each parent's ability to pay.
Travel expenses for visitation
Travel expenses for visitation may be awarded as additional support to the child support payee and may not be used to reduce the child support otherwise ordered to be paid by the payor.
This is an important distinction. While the payor spouse may also incur expenses for visitation, these costs do not reduce child support. Since travel expenses are in addition to child support, one may want to consider asking for a travel trust fund, especially in move-away cases.
If you need help figuring out what add-ons you are entitled to or how you can defend against unreasonable requests for additional child support, consider meeting with a family law lawyer.