2024 updates to 4061(b)
/
What are Child Support Add-Ons? Child support add-ons cover additional expenses beyond basic living costs, such as childcare, healthcare, and educational needs. These add-ons can be mandatory, meaning the court must order them paid, or discretionary, meaning the court can order them paid based on specific circumstances.
Key Changes:
Mandatory Add-Ons: These include work-related childcare costs (or necessary education for employment skills) and uninsured healthcare costs for the children.
Discretionary Add-Ons: These cover costs related to the educational or other special needs of the children and travel expenses for visitation.
Previous Law: Under Family Code § 4061(a), there was a presumption that child support add-ons would be split 50/50 between parents. The parent requesting a different apportionment had the burden of proving that an alternate distribution would be just.
New Law (Effective September 1, 2024): The new Family Code § 4061(a) changes the presumption to apportion add-on expenses according to the parents’ net incomes. This means that the financial contributions will be more accurately aligned with each parent’s ability to pay.
Impact: This change ensures that wealthier parents contribute a fair share based on their income, promoting equity in covering additional child-related expenses.
2. Changing How Childcare Costs Are Collected
Previous Law: Childcare costs related to employment or necessary education/training for employment skills were collected as additional child support, based on a presumed need.
New Law (Effective September 1, 2024): Under the updated Family Code § 4062(a)(1), childcare costs will be collected as additional child support only if those expenses are actually incurred. This change ensures that only genuine costs are considered in child support calculations.
Key Differences:
Current Law: Childcare costs related to employment or education/training for employment skills are automatically considered.
New Law: Childcare costs must be actually incurred and necessary for employment or education/training for employment skills, unless specifically included in the guideline calculation itself.
Impact: This update aligns child support obligations with actual expenses, ensuring parents only pay for legitimate childcare costs. For wealthier families, this means a more accurate reflection of their financial responsibilities.
Conclusion: The 2024 updates to California's child support laws bring significant improvements in how child support add-ons and childcare costs are calculated and apportioned. These changes ensure a fairer distribution of expenses, particularly for higher-income families, by aligning contributions with actual financial capacity and incurred costs. If you have any questions about how these changes might affect your child support obligations, please contact us for personalized guidance and support.