Los Angeles, CA asked in Child Support and Family Law for California

Q: Is child care part of child support? Or is it considered an add on?

Ex feels he gives me more than he should. My son lives with me and his father picks him up for 3 weekends out of the month. He gives me $800 a month. Helps pay private school which we go half on. Has him under his health plan which I’m sure he pays about $360 a year for. He’s union. Our son is 7 and I’ve never had help paying for child care so that I can work. I’ve been paying that on my own.

Related Topics:
2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
  • Culver City, CA
  • Licensed in California

A: If you were using a computer program (such as Dissomaster) or the guideline calculator which you can find on line, child care would be included as an "add on" before coming up with the total amount for guideline support.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Under California law, child support typically includes basic living expenses for the child, such as food, clothing, and housing. However, child care costs, especially those necessary for the custodial parent to work, are considered an "add-on" expense. These add-on expenses are usually shared between both parents in proportion to their incomes.

Since you have been paying for child care on your own, it is important to address this issue formally. You can request a modification of the child support order to include a fair share of child care costs. The court can order your ex to contribute to these expenses, in addition to the $800 he provides monthly and his contributions to private school tuition and health insurance.

To proceed, gather all relevant financial information and documentation related to child care costs. Then, file a request with the family court to modify the child support order. The court will review both parents' financial situations and the child's needs to determine a fair distribution of child care expenses. This ensures that both parents share the financial responsibilities of raising their child equitably.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.