Childcare Expenses in Child Support Cases
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By
Marcus Morales
California Family Code Section 4062(a)(1) states that childcare costs must actually be incurred to be ordered. This means that if a parent is not paying for childcare, those costs cannot be included in a child support add-on. This is in addition to the base child support payment.
When childcare expenses are incurred, they are to be apportioned to the net incomes of each party. This ensures that both parents contribute to these necessary expenses in proportion to their financial ability.
It's important to note that the court is required to order childcare costs, and it is not discretionary. This means that if a parent demonstrates they are incurring childcare expenses, the court generally must include them in the child support order.
However, the documentation of these expenses is crucial. While proof of payment like Venmo receipts or checks showing "babysitter" may be considered sufficient proof of payment, some attorneys may request itemized statements from providers with dates and times. The "Notice of Rights and Responsibilities (FL-192)" form outlines that you must give the other parent an itemized statement of charges for any health-care costs not paid by insurance within a reasonable time, but no more than 30 days after those costs were given to you. While this form specifically refers to health care, the principle of providing itemized statements can be applied to other add-on expenses like childcare.
The courts are also interested in the nature of the childcare provider. For instance, in one case, a judge noted that childcare has to be provided by a non-family member, professional provider. This suggests that informal arrangements with family members, while they may save money, might be viewed differently when seeking reimbursement through a court order.
Ultimately, proper documentation and a clear understanding of California Family Law are essential when seeking reimbursement for childcare expenses as a child support add-on.