Family Law Questions? Ask a Family Lawyer Online.
In addition to the basic child support guideline amount, a parent can be ordered to contribute to specified expenses that are for the benefit of the children. Family Code §4062 lists two types of child support add-ons:
If the judge orders any child support add-ons, such expenses are to be equally shared by the parents. However, where an equal allocation of these expenses is not reasonable, the court is authorized to allocate them between the parents in proportion to their net spendable incomes. Family Code §4061(b) provides that the following three-step procedure is to be followed to determine the parents’ respective net spendable incomes for purposes of allocating the child support add-ons:
Court ordered child support usually ends when one of the following happens:
The first of the above events to occur triggers the end of child support obligation. However, if the child suffers from a disability that prevents him or her from supporting himself or herself, the court can order that both parents are required to continue to support the disabled adult child, regardless of the fact that the child may be over the age of 18.
In addition to the basic child support, parents must share equally in the cost of child care that is necessary for employment, and also any uninsured medical, dental, vision, orthodontia and psychological expenses of the children. If one parent earns substantially more than the other, the cost of child care may be divided unequally, to reflect the ratio of their incomes.
Parents can agree to support the child longer, but they are not required to do so (again, unless ordered by the court to support a disabled adult child). The parent who had been paying child support generally is not required to pay for a college education or college expenses for the child, regardless of that parent’s income. http://www.sacramento-divorce-lawyer.com/when-does-child-support-end-in-california/
So, if there is NOT tutoring available through the minor's school or the school district, both parties may be ordered to pay for the tutoring as a discretionary "add on." If the language for payment of tuition is NOT included in the final divorce decree, then a party must bring a Motion for Discretionary Add-On for Tutoring. The judge will then hear the motion and decide what how much of the tutoring each party must pay. If tutoring is an issue, you should make sure it is addressed in the final divorce decree.
If the minor child has significant emotional issues, if those are NOT covered by the insurance of either, or both parties, then depending upon the emotional issues (eg. a diagnosis from a psychiatrist regarding the emotional issue, then such medical costs MAY be considered as a mandatory add on. Each party would have to pay a share of any uninsured medical expenses related to the emotional issue.
Your spouse should NOT write a check to you for any portion of uninsured expenses that are attributed to her. You are entitled to obtain medical bills for your minor child. If the expenses are NOT covered by insurance, you should each pay the physician, lab, etc. your percentage of the uninsured expenses and your soon to be ex should pay her portion. That language should also be included in the final divorce decree. Your insurance companies will dictate when insurance coverage ends for the minor child. That information should be included in the final divorce decree.
Finally, there DEFINITELY needs to be a provision that provides for when child support ends. There are occasions when parties do NOT place such a provision in their final decree. In that case, a party must bring a Motion in court to terminate the child support. It is MUCH less expensive to include a termination provision into the decree.
I hope you find this information useful.
My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.
Thank you for your business!
Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.
***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!
If you have future questions, you can specifically request me by name as the expert. Thanks again, xavierjd
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).