At East Bay Family Law and Mediation, we aim to keep families in Dublin, CA, and the East Bay informed about important updates in family law. Understanding these changes empowers you to make better financial and emotional decisions for your family.

While this blog provides general information about recent changes in family law, it is not intended as legal advice. Laws and statutes can change over time, so it’s important to consult a family law attorney for advice tailored to your specific situation.

The recent updates to California Family Code Section 4061(b), effective September 1, 2024, bring significant changes to how child support add-ons and childcare costs are calculated. This blog will help break down these updates and explain how they may impact you.

What Are Child Support Add-Ons?

Child support add-ons refer to additional expenses beyond a child’s basic living needs. These expenses can include:

Mandatory Add-Ons: Work-related childcare costs or necessary education for employment, and uninsured healthcare costs for the children.

Discretionary Add-Ons: Expenses related to educational or special needs and travel costs for visitation.

These add-ons are either required by law (mandatory) or determined by the court (discretionary) based on the specific circumstances of the family.

Key Changes in Family Code Section 4061(b):

1. How Add-On Expenses Are Split

Previous Law: Before the 2024 update, Family Code § 4061(a) presumed that child support add-ons were split equally (50/50) between parents. If a parent wanted a different distribution, they had the burden of proving that a different apportionment would be more just.

New Law: As of September 1, 2024, Family Code § 4061(a) now presumes that add-on expenses should be apportioned based on the parents’ net incomes. This means that child support costs will be split more equitably, considering each parent’s ability to contribute financially.

Impact:

Wealthier parents will be required to pay a larger share of the child support add-ons, promoting fairness in the financial responsibilities of both parents. This change ensures that the cost of child-rearing is more proportionately aligned with each parent’s income.

2. Changes to Childcare Costs Collection

Previous Law: Previously, childcare costs related to employment or education necessary for employment were collected as additional child support, regardless of whether the costs were actually incurred.

New Law: Under the new Family Code § 4062(a)(1), childcare costs will only be collected as additional child support if the expenses are actually incurred. This ensures that child support obligations are based on genuine costs, making the system fairer for both parents.

Impact:

For parents paying or receiving child support in Dublin, CA, and across the East Bay, this update ensures that only legitimate childcare costs will be factored into the child support amount. This adjustment prevents overpayment for childcare expenses that are not incurred and provides a more accurate reflection of each parent’s financial responsibility.

Why These Changes Matter for East Bay Families

The 2024 updates to Family Code Section 4061(b) offer a more balanced approach to child support calculations, especially for higher-income families. By aligning financial contributions with each parent’s actual income and incurred costs, these changes create a fairer distribution of child-related expenses.

If you’re navigating child support matters or seeking to modify an existing order, understanding how these changes affect your obligations is critical. At East Bay Family Law and Mediation, we’re here to guide you through these updates and ensure your family’s financial interests are protected.