Legal Question in Family Law in California
My divorce has been final now for several years. I pay a $360.00/ month child support and have given up the tax credit. We have 50/50 joint custody, of our 7 year old daughter, and share the expense of a private school that includes after school care. During winter break there is offered an addition camp at additional fees. I choose to take vacation time and spend it with my daughter, my ex wife is putting her in the camp on her parenting days. She is insistent that this should be a shared expense, I say it is not, that she is solely responsible for our daughters care when there is no school and any financial obligations she may be incurred on her parenting days.
On the same vein, my ex charges lunch tickets, for use solely on her days, I choose to make a lunch, and send it with her. She also thinks this should be a shared expense, and I disagree.
What is correct here?
1 Answer from Attorneys
She's right on the first one, you on the second. Child care to allow parents to work is a shared expense. Neither parent must take time off instead of putting the child in care at joint expense. Most parents, however, have a "first refusal" clause that allows each parent the option of providing care during non-custodial time to save both of them the money of paid care. Food on the other hand is not a shared expense, regardless of where it is eaten. Each parent provides food however they see fit for their time and they pay for it.
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