Effective September 1, 2024, Family Law Code §4061(a) is amended to require that parents share child support add-ons based on their relative net incomes after payment of support and taxes. Currently, parents are generally ordered to share 50/50 all add-ons for child support, such as uninsured medical expenses and childcare costs. The court has the discretion to change the 50/50 allocation based upon the parties’ requests and evidence.
However, with the new law, the court is required to allocate between parents the add-ons through the use of the software Dissomaster. Spousal support payment is deducted from the paying parent and added to the income of the receiving parent, and child support payment is deducted from the paying parent, but not added to the income of the receiving parent. This can be a complex calculation and can have the child support receiver pay a larger percentage of the add-ons.
For example, if Father is ordered to pay $1,000 in spousal support and $500 in child support. Father’s net income before support payments is $7,000 and Mother’s net income before support is $3,000.
Father Mother
$7,0000 $3,000
-$1,000 spousal support +$1,000 spousal support
-$500 child support +$0.00 child support
Total: $5,500 (57.90%) $4,000 (42.10%)
In this scenario, Father will be ordered to pay 57.90% off add-ons and Mother 42.10%.
Update**Additionally, new changes to FC 4062 and 4063 make uninsured healthcare costs and childcare necessary for work presumed to be reasonable, and requests for reimbursement of these expenses must be made no later than 90 days after accruing or paying the expense. In other words, receipts of payment of these expenses can prove that the add-on expenses paid were reasonable.
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Disclaimer: Regal Law & Mediation, APC and their attorney do not assume any responsibility for the accuracy or timeliness of any information provided herein. The information contained herein is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional legal help specific to their case.
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