Child Support – should it include Child Care Costs and the Cost of Travel to Visits in California? : Your Legal Minute
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Child Support – should it include Child Care Costs and the Cost of Travel to Visits in California?

by Stewart D. Jenkins on 05/21/15

California dictates factors that a Judge must calculate in Child Support cases in a complex matrix of statutes in its Family Code.  Nevertheless, there are factors that a custodial or visiting parent can argue to increase or to decrease the amount of child support to be collected or paid. 

For instance Family Code § 4062 requires on request a Judge order that “Child care costs related to employment or to reasonably necessary education or training for employment skills” be paid by a parent.  The focus is on employment now, or in the future.  In litigation over child support Judges cannot avoid ordering payment of child care costs; unless those costs are unrelated to the custodial parent’s current of future employment.  Occasionally a visiting parent can take advantage of this statute.

On the other hand, Judges have the choice of how to apportioning travel for visiting between the parents.  This is a discretionary decision.  So these kinds of expenses may, or may not, be used to increase or decrease the amount of support paid by a visiting parent.   Generally a Judge is looking for extraordinary travel expenses.  Costs equating with an ordinary commute that a parent might incur for work are not the kind of expense a Judge is likely to consider to reduce a visiting parent’s support, or to increase a custodial parent’s support if the custodial parent is providing the transportation.  Travel from Ohio to California for visits may make a clearer case for an adjustment in support, depending on other circumstances.

An experience family law lawyer can help you review and prepare the kind of evidence need to help a Judge make a favorable decision on these kinds of child support issues.

by Attorney, Stew Jenkins
Disclaimer: Blog posts are NOT legal advice and NO Attorney-Client Relationship is formed by these posts or by any comments, or by comments replying to comments on this Blog. This is for general information as the laws frequently change and might be different in other jurisdictions. This Blog is not intended to substitute for advice from an attorney, licensed in your jurisdiction. Please consult a competent attorney in your area if you require legal advice. Please do not include sensitive or confidential information in your comments, replies or emails. 
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