Legal Question in Family Law in California

I have 50% joint physical and legal custody of my child, with my daughter's mother having the other 50%. She has presented me with a childcare bill incurred by her on her parenting time and told me that I must pay for half of the costs. Our initial and only court order from August of 2004, addresses childcare costs as follows, �Pending return from mediation (with Family Court Services), costs for childcare to be shared.� Childcare costs were not addressed by either party in mediation, as there were no childcare costs at that time. The final court order following mediation, entered in October of 2004, included no further mention of childcare costs. I interpret the above court order as being binding only until our return from mediation, over 5 years ago. As no agreement was forged in mediation, I understand that there is no current agreement or order. I believe each of us is wholly and independently responsible for childcare or other costs incurred during our well defined custodial times. Am I bound to pay for half of her childcare costs? Does the family code address childcare costs specifically? If I return to court, will I have to share childcare costs or simply pay my own costs on my own time.


Asked on 9/23/09, 5:42 pm

1 Answer from Attorneys

First, make an immediate demand on her for her share of your childcare costs.

Absent a court order on the subject, either party can go to court seeking reimbursement. the rule that is almost never deviated from absent gross disparity in income, is that each party pays 1/2 the total childcare expenses incurred to allow the parents to work, seek work, or attend education that will result in a degree or certificate. So you do owe her half, but she owes you half.

The reason I say you need to make a demand now, is that whether there is an order or not, you must timely present a demand for payment or you lose the right to collect. Without looking it up I believe it is 30-days for medical expenses, and may be the same for child care, from the date you pay or are billed. So if you want to be on equal footing if you wind up in court, you need to get her on notice of your expenses too.

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Answered on 9/23/09, 6:09 pm


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