Child Care Expenses as a Child Support Add-On

California Family Code sections 4061-4063 address child care costs as follows:

1. Mandatory Additional Support (Section 4062(a)(1))

The court shall order as additional child support: "Childcare costs, if those expenses are actually incurred, related to employment or to reasonably necessary education or training for employment skills, as described in Section 4063, unless those costs are specifically included in the guideline calculation itself."

2. Allocation of Costs (Section 4061)

Child care costs, like other additional expenses, are generally divided between parents in proportion to their adjusted net disposable incomes.

3. Presumption of Reasonableness (Section 4063(d))

There is a rebuttable presumption that the costs actually paid for childcare that is for employment or reasonably necessary for education or training for employment skills are reasonable.

4. Reimbursement Process (Section 4063(b))

The same process for uninsured health care costs applies to child care costs:

  • The parent incurring the costs must provide an itemized statement within 90 days.
  • Reimbursement or direct payment to the provider must be made within the court-specified time or within 30 days of notification.

5. Dispute Resolution (Section 4063(b)(4) and (c))

If a parent disputes the costs, they must pay first and then seek judicial relief. Either parent can file a motion to enforce the order.

6. Factors Considered in Disputes (Section 4063(g)(2))

When ruling on motions related to childcare costs, the court must consider:

  • The nature and extent of job-related childcare needs, including work schedule and duration of education/training.
  • The necessity and reasonableness of the cost under the circumstances.
  • The special needs of the child.
  • The reasonable inability of a parent to pay the full amount within 30 days and the potential need for a court-ordered payment schedule.

These provisions ensure that necessary childcare costs are shared between parents, recognize the importance of child care for employment and education, and provide a framework for handling disputes over these expenses. The law helps parents to maintain employment or pursue necessary education while ensuring the child's care needs are met.