28 Jan Child Support add-ons: getting more than guideline
Child support is governed by the formula in the Statewide Uniform Guidelines for Child Support. However, it is possible to get more than guideline child support in some instances. There are two mandatory add-ons for child support and a couple add-ons that are discretionary.
The algebraic formula used to calculate child support is set forth in Family Code Section 4055 and is “presumptively correct in all cases”. Nevertheless, there is a way to get additional support on top of the guideline support awarded. Family Code Section 4062 specifies two types of additional child support: mandatory (“the court shall order”) and discretionary (“the court may order”).
Mandatory additional child support is awarded for child care costs related to employment or necessary education. For instance, if both you and the child’s other parent are working or in school and child care is necessary for you and the other parent to attend work or school, this is cause for a mandatory add on. Another mandatory add on is reasonable uninsured health care costs. These additional supports are on top of whatever guideline child support parent is already paying.
Discretionary additional child support may be awarded for educational or other special needs. If you have a child that would be better educated in a private school or a child who needs tutoring or special aid, the court has to power to award extra support above guideline for these needs. The court can also award additional child support for travel expenses related to visitation.
If there is a need for the additional expenses listed in Family Code Section 4062, the expense shall be divided equally one half to each parent, unless either parent requests a different apportionment pursuant to subdivision (b) and presents documentation demonstrating that a different apportionment would be more appropriate.
If you need assistance determining if you are entitled to child support add-ons in addition to guideline child support, contact Lovette T. Mioni at Mioni Family Law today at (424) 259-1770 to set up a consultation.