Under Family Code 4061(b), either parent can ask the Court to order apportionment of add-on child care expenses to be different than the 50/50 split.
Parents are often surprised that Family Court can order them to pay for 50% of their child’s extracurricular expenses, even if they disagree with the extracurricular. For example, the Court can order a parent to pay for tuition of a private highschool or music lessons, even if they disagree with the choice of the child attending that highschool.
When there is a significant disparity of income between parents, it may make sense to ask the Court to use the Family Code 4061(b) setting in Dissomaster to ensure that the childcare add-on expenses are allocated proportionally based on the parents income.
This dissomaster setting can significantly reduce the portion of add-ons that a parent is responsible for covering.
Family Code 4061 provides the following guidance:
(b) If requested by either parent, and the court determines it is appropriate to apportion expenses under Section 4062 other than one-half to each parent, the apportionment shall be as follows:
(1) The basic child support obligation shall first be computed using the formula set forth in subdivision (a) of Section 4055, as adjusted for any appropriate rebuttal factors in subdivision (b) of Section 4057.
(2) Any additional child support required for expenses pursuant to Section 4062 shall thereafter be ordered to be paid by the parents in proportion to their net disposable incomes as adjusted pursuant to subdivisions (c) and (d).
While many child support issues can be handled by parties themselves, if you are requesting a deviation from guideline such as the one authorized by 4016(b), you should consult with a family law attorney. You can contact me at Amanda@gordonfamilylaw.com for more information.