![]() Had the family remained intact, the cost of the child care would have been shared equally between the parents as all income during the marriage is community unless provided for differently in a pre-nuptial agreement. The cost will be split between the parents 50/50 unless the court finds that doing so is disproportionate, (the circumstances do not warrant it.) The reasoning is that the child care expense is an income-producing expense of the parent. However, if summer camp is child care, (necessary for work or school), then the expense is a mandatory add-on. If both parents are paying for ½ of the daycare, there will be zero effect on the child support calculation. ![]() If the non-custodial paren, the parent paying child support usually, is the one paying for all of the daycare, then ½ of the cost of the daycare will be deducted from the child support the primary custodial parent is to receive. For example, if the custodial parent, (parent with the child or children most of the time, pays for all of the work related day care, then ½ of this cost will be added to the child support order as an additional add on. Therefore if one parent pays for all of the day care, then that parent is entitled to be reimbursed ½. The reason for this is if a parent has work related day care or the day care for the child or children is for educational purposes then both parents have to share equally in the cost of the expense. The question is always the same: are summer camp expenses "child care" expenses for purposes of the child support guidelines? The answer will make a difference in the child support calculations. As summer camp is fast approaching, now is a good time to discuss this. One of the things I am asked frequently, as I practice Family Law in Santa Clara County, is the summer camp question. (a) The court shall order the following as additional child support: (1) Child care costs related to employment, or to reasonably necessary education or training for employment skills (2) The reasonable uninsured health care costs for the children as provided in Section 4063 (b) The court may order the following as additional child support costs related to the educational or other special needs of the children and/or travel expenses for visitation. ![]() Pursuant to California Family Code §4062. To answer the above question you have to first understand the reimbursement of work and educationally related day care expenses. With the specter of summer vacation for our children comes the question: Does my ex have to reimburse me for our children's summer/day camp expenses? The answer is maybe. ![]()
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