Q: Minor's Counsel's fee is deductible when child/spousal supports are calculated??
I am required to pay child and spousal support to my wife. Recently, due to a high-conflict situation with my wife regarding our child’s schooling, the judge ordered the appointment of minor’s counsel during our last hearing. Consequently, I am expected to pay $2,000 monthly for the child’s counsel as per the court order. My question is: Is this $2,000 per month deducted when calculating child and spousal support as an add-on expense?
A:
In California, the cost of minor’s counsel is typically considered a 'discretionary add-on' by the court for child support purposes. This means that the court has the discretion to order one or both parents to pay for the minor’s counsel in addition to the basic child support obligation. However, whether the $2,000 monthly fee for the child’s counsel can be directly deducted from your income when calculating child and spousal support depends on the specific circumstances and the court's orders.
You should review the court's ruling regarding the fee and, if it's not clear, you may need to seek clarification from the court or ask for a modification of the support order if appropriate. Keep in mind that spousal support calculations can be complex, factoring in various aspects of both parties' finances. It would be prudent to discuss this matter with legal counsel who can provide advice tailored to the specifics of your case.
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