Child Support Add-Ons (*Changes to the Law)
What are Child Support Add-Ons?
Child Support Add-Ons account for the costs above and beyond your child(ren)’s basic living expenses. Add-Ons will be ordered in addition to your base child support order.
There are two categories of Child Support Add-Ons:
Mandatory Add-Ons: Meaning, your child support order will include orders regarding these.
This includes expenses for (1) childcare costs related to employment or reasonably necessary job training, and (2) reasonable uninsured health care costs for the child(ren).Discretionary Add-Ons: Meaning your child support order may or may not include orders regarding these.
This includes (1) costs related to educational needs of the child(ren), (2) other special needs of the child(ren) (e.g. extracurricular activities), and (3) travel expenses to facilitate visitation.
But I already pay Child Support, shouldn’t these expenses be included?
Base child support only accounts for the basic living expenses of your child(ren), such as housing, food, and clothing. Child Support Add-Ons account for some of the other expenses required to provide and care for your child(ren).
Many of the Add-Ons are not going to be the same each month, so it doesn’t necessarily make sense to include them in a stagnant child support order. For example, uninsured health care expenses may only arise in the event of an emergency medical situation, and extracurricular activities may only occur during certain times of the year (e.g. sports seasons).
How are Child Support Add-Ons allocated between parents? Changes to the law as of September 1, 2024.
Prior to September 1, 2024: All mandatory child support add-ons were, by default, divided equally between parents.
After September 1, 2024: All mandatory child support add-ons are, by default, divided proportionally to the parents’ respective net disposable incomes. Alternatively, one party can file a motion requesting the court divide the expenses in a different manner (outcome not guaranteed), or the parties can mutually agree to divide them in a different manner. [1]
Can Mediation help us negotiate Child Support Add-Ons?
YES - One of the pillars of Lea M. Nemeth’s Mediation practice is to center your child(ren)’s needs, and approach your family law matter at a holistic level. Meaning, you and your spouse can work with your mediator to view your child(ren)’s needs in their entirety, and discuss how to best care for them. You and your mediator can assess your child(ren)’s needs at both the micro and macro levels, which, compared to litigating, you will likely not be able to do in a short court hearing before a judge. Despite the judges’ best efforts, it is impossible for them to fully understand your child(ren)’s needs given the short amount of time they have to speak with you and/or your attorneys. Parents know their child(ren) best, and Mediation allows you the time and flexibility to design the right plan for your family.
Lea M. Nemeth, PC is dedicated to helping you achieve the best possible outcome for your particular circumstance. Book a Consultation today to learn more about how Mediation can benefit you and your loved ones.
Related FAQs:
Footnotes
[1] See California Family Code § 4061
