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How do I get non custodial parent to help pay for day care while we go to court, or is burden on me 100%? He pays child support.

San Fernando, CA |

I want to ask judge to have him pay 50%. He says he pays enough in child support and refuses. How is this typically handled.?

Attorney Answers 4

  1. Best answer

    Child support add-ons are in ADDITION to child support that is paid. Generally there are three types of child support add-ons: necessary uninsured medical expenses, agreed upon extra-curricular activities and child care expenses. The judge will make an order that any child care that is incurred for the purposes of employment or education, will be shared. The percentage of "shared" is up to the judges discretion. It is typically 50/50, but may be on a pro-rata share of the income. For example, he makes $2000 per month, and you make $500 per month; in this example he makes three times what you do. The court could order it to be paid 75% to him and 25% to you. Again, the exact percentage is up to the judges discretion, but support add ons if requested must be ordered, under the above listed circumstances. Child care can be very expensive, and the court can only order, back from when it is requested. Thus you should file a motion for it quickly, and from that point forward the court may order it. (Once you get to court.)

    Good luck!

    Please be aware that any comments that I have made are preliminary and tentative and not based upon a thorough analysis of your case. I would need additional information and to review the exact documentation to be sure of the above advice. The answer above does not create an attorney/client relationship and does not require me to answer any future questions.

  2. need more details ...but you need to know that each parent has an obligation to support their children even if they don't have custody, that is the law...The support is based to the expenses for the child ,who has the physical custody the lifestyle of the father, change of conditions and much more....
    You can file for an RFO , Form FL 300.
    but i will suggest to ask the help of a lawyer. Some lawyers help you in this kind of cases in a flat fee basis
    Case law for your case : In re Marriage of Comer (14 Cal.4th 504, 927 P.2d 265, 65 USLW 2447, 96 Cal. Daily Op. Serv. 9048, 96 Daily Journal D.A.R. 15,023,) In re Marriage of Venit ( Court of Appeals of California, Second Appellate District, Division Five July 16, 2007)

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  3. Family Code 4062 is the authority for what you are asking. The court will look to the need of the day care and the cost. If the need and cost are reasonable and legitimate the Court will allocate the cost to each party. Make sure you bring evidence to prove your claim. Good luck. It's always better to have an attorney help you with this.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

  4. Since he is not in agreement to pay for half of the childcare, you will need a judge to order it. Explain to the judge why you need it, and show receipts. You should consider hiring a family law attorney for assistance. If you can't afford a fully retained attorney, consider hiring an attorney on a limited scope basis.

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