Summertime is the best time of the year when you’re a kid, but as a parent, it can add a lot more stress. If you have a school-age child who is still too young to leave unsupervised while you are at work, it can be tough to find (and pay for) a good day care or day camp. When you’re juggling the responsibilities of single-parenthood, sometimes you feel like you’re the one who really needs a summer break!
But even if you’re a single parent, you’re not expected to carry it all on your own. California law has established that every parent, in addition to their right to visit and bond with their children, is responsible for financially supporting them. Primarily, this means child support, but there are mandatory and discretionary “add ons” which may be ordered by the court as well. In California, both parents are required to split childcare expenses so that the custodial parent is able to work full time.
You might also be in a situation where you are able to have more parenting time with your children in the summer—but you’re still required to pay the same amount of child support. Under some circumstances, it might be possible to modify the child support order to reflect that.
The basics of CA child support and childcare costs
California law sets a uniform standard for determining how child support is calculated to ensure that all children receive at least a minimum level of support. Courts arrive at a specific amount by using the California child support calculator. The calculator weighs various factors, such as the parent’s gross income, the percentage of time they have custody of the child, the tax deductions they are entitled to (not just those related to children), and payroll deductions.
In addition to child support for basic living expenses, certain other expenses can be ordered as mandatory add ons, including reasonable health care costs not covered by health insurance, and childcare costs. The law specifically includes childcare costs to allow the custodial parent to attend school or job training, as well as enable the parent to work full time. These add on costs are generally split equally, but courts may divide them according to income. They use a three-step calculation to determine each parent’s net spendable income for this purpose.
Child support modification
If both parents are able to agree on an alternative way to divide child support and child care costs, you can ask the court to use that amount instead. If it is below the court-calculated amount, you will be able to modify it at anytime in the future. If your court order requires the support calculator amount, or you agreed to a larger amount, then there must be a “change of circumstances” before you can get the amount modified.
What about day camp and extracurricular activities?
Of course, life isn’t so simple—not everyone works a 9-to-5 job, day care centers close for holidays, school’s out in summer, and your older children get involved in more and more extracurricular activities. Care arrangements can get more complicated, and those extracurriculars can really mean extra costs! Childcare costs aren’t strictly limited to day care centers, and you can request reimbursement for other types of caregivers or for summer day camps, for example. But if you have not made decisions about care and extracurriculars together, or the cost isn’t a fixed amount that can be garnished from the non-custodial parent’s paycheck, you might have a hard time getting reimbursed for those expenses.
Not sure what your options are? Come talk to us!
If you’re not sure what your options are, or what next steps to take to modify your child support order, let us help you! At Kendall Gkikas & Mitchell, LLP, we have over 20 years of experience handling Southern California child support issues. Call 909-482-1422 or email info@parents4children.com to set up your initial consultation today.
