Major Changes to California Family Code 4061 Effective September 1, 2024: Child Support Add-Ons Now More Tailored to Your Situation
Starting September 1, 2024, California Family Code 4061 is undergoing a significant update that will impact how child support add-ons are calculated. Prior to this change, courts generally divided child support add-ons—such as childcare, educational expenses, or medical costs—equally between both parents, using a 50/50 split. However, with this new update, the courts will now consider more specific factors to create a more accurate and fair distribution of these add-on costs.
Here’s everything you need to know about the changes and how they may affect your child support case.
What Are Child Support Add-Ons?
In addition to the basic child support obligation, which covers general living expenses, California allows for child support “add-ons” that address specific additional costs related to raising a child. These can include:
- Childcare expenses (necessary for work or education-related purposes)
- Uninsured medical expenses (including dental and vision)
- Educational costs (such as tuition, tutors, or extracurricular activities)
- Travel expenses (related to custody and visitation)
Prior to the changes, these costs were typically split evenly between parents—50/50—regardless of their individual financial situations. While this approach was simple, it didn’t always reflect the reality of parents’ differing incomes or the unique circumstances of each family.
What’s Changing Under the New Law?
As of September 1, 2024, Family Code 4061 will no longer rely on the standard 50/50 division for child support add-ons. Instead, the court will consider the following factors to create a more accurate and fair division:
- Parents’ Income Proportions: The court will now assess each parent’s proportional income when calculating add-ons. If one parent earns significantly more than the other, that parent may be responsible for a larger share of the add-on costs. This adjustment aligns with the primary principle that both parents should contribute to their child’s upbringing based on their ability to pay.
- Custody and Time-Sharing Arrangements: The amount of time each parent spends with the child will be factored into how add-ons are divided. If a parent has the child for a substantial portion of the time and incurs more direct expenses, the court may assign a greater share of the add-ons to the other parent.
- Extraordinary Expenses: In situations where one parent consistently bears the brunt of extraordinary expenses—such as chronic medical costs for the child—the court may adjust the support structure to reflect these ongoing responsibilities.
- High-Cost Areas: Acknowledging California’s varying living costs, the court will now consider whether a parent resides in a high-cost area. Parents living in such regions may face higher childcare or medical expenses, and this will be accounted for in the add-on calculations.
Example Scenario: Pre- and Post-Change
Let’s look at an example to illustrate how these changes might work.
- Husband’s Income: $8,000/month
- Wife’s Income: $4,000/month
- Custody Arrangement: The child spends 60% of the time with the wife and 40% with the husband.
- Childcare Cost: $1,000/month.
Under the Old Law (50/50 Split):
The childcare add-on would be split evenly between the two parents, meaning both the husband and wife would pay $500 each toward the $1,000 childcare cost.
Under the New Law (Proportional Income):
Although there is a more complicated formula that is used to calculate the amount, an example of how it could work is as follows: The total income between the parents is $12,000, with the husband contributing 67% and the wife contributing 33% of that combined income.
The new calculation would divide the childcare cost based on these percentages. The husband would now be responsible for $670 (67% of $1,000), and the wife would pay $330 (33% of $1,000).
This updated method creates a more equitable division, better reflecting each parent’s financial capability to cover child-related costs.
Implications for Parents
If you are currently under a child support order or are in the process of determining support, it may be beneficial to consult with a family law attorney to understand how these changes affect your case. The new laws could result in a significant adjustment to the add-on costs you’re either paying or receiving, particularly if there is a substantial disparity in income or living situations.
Conclusion
The changes to California Family Code 4061 mark a move toward greater accuracy and fairness in child support add-ons. By considering proportional income, time-sharing arrangements, extraordinary expenses, and high-cost living areas, the courts aim to ensure that the costs of raising a child are divided in a way that reflects the real financial capabilities of each parent.