California Child Support Add-Ons

Family Code sections 4061-4063 have a lot of layers. And they can be complex.

Please do not try to figure out these issues on your own. Here's a summary of California Family Code sections 4061, 4062, and 4063, which became operative on September 1, 2024. There is more to these code sections than what we write here. Do not use this information to try and represent yourself.

Section 4061: Additional Child Support

This section outlines how additional child support expenses are to be computed and apportioned between parents:

  • Expenses are generally divided proportionately to parents' net incomes, adjusted for spousal support and basic child support payments.
  • The court may order a different apportionment if a party requests or finds it appropriate.
  • The basic child support obligation is computed first using the formula in Section 4055, with any applicable adjustments.
  • Additional support for expenses under Section 4062 is then ordered based on the parents' adjusted net disposable incomes.
  • When spousal support is involved, the paying parent's income is decreased by the amount paid, while the receiving parent's income is increased by the amount received.
  • The net disposable income of the parent paying child support is reduced by the amount of basic child support ordered when calculating additional expenses.

Section 4062: Allocation of Additional Expenses

This section specifies which additional expenses the court must or may order as child support:

Mandatory additional support:

  • Childcare costs related to employment or necessary education/training for employment skills.
  • Reasonable uninsured health care costs for the children.

Discretionary additional support:

  • Costs related to the children's educational or other special needs.
  • Travel expenses for visitation.

Section 4063: Payment or Reimbursement of Costs

This section details the process for handling additional child support costs:

  • The court must advise parents of their rights, liabilities, and financial responsibilities in writing or on record.
  • The court's order must specify the time period to reimburse additional child support costs.
  • Parents must provide itemized statements of costs within 90 days of accruing them.
  • Reimbursement or payment of remaining costs must be made within the court-specified time or within 30 days of notification.
  • If a parent disputes a payment request, they must pay first and then seek judicial relief.
  • Either parent can file a motion to enforce the order, and the court may award filing costs and attorney's fees if a party acted without reasonable cause.
  • There's a rebuttable presumption that actual costs paid for uninsured health care and childcare are reasonable.
  • The court-ordered health insurance coverage should be used unless proven inadequate. If a parent obtains additional coverage, they bear sole responsibility for extra costs.
  • If court-ordered coverage designates a preferred provider, it must be used. Using other providers may result in the parent bearing excess costs.
  • When ruling on motions, the court must consider various health care and childcare factors, including geographic access, emergency treatment needs, special medical needs, and parents' ability to pay.

These sections provide a comprehensive framework for handling additional child support expenses, ensuring fair allocation between parents, and addressing the children's needs for healthcare and childcare.