Legal Question in Family Law in California
My husband has 3 children from a former mariage. Within the last year they have all chose to move in with us, attend school in our town and only see their mom 3 of the 4 weekends a month. They have a legal written agreement as to what child support amount she is to pay us monthly, however since the kids have lived with us she feels she is not responsible for any other expenses that their kids have. Such as helping financially (we would pay 1/2 also),with vehicles for these kids to get to work and school and school expenses. Also the amount we pay to car insurance to have these children insured. two of the children are seniors this year and we are worried she will think we are solely responsible for college fees and keeping them on our health insurance. Is there anything legally we can do to make his ex wife share in the costs? Thanks for any advice you can give.
1 Answer from Attorneys
There are actually two components to your question, because the law is different for when the kids are under 18, or still in high school full time and not yet 19, versus after that. Once the children are 18 and out of high school, or 19 regardless of school, neither parent has any legal obligation to support the child, and therefore neither parent has any legal right to any contribution from the other parent for any support they choose to give. Before the children turn 18, or after 18, before 19 and still in high school, the "add-ons" that can be ordered are limited. The general premise is that each parent pays for whatever the child needs while with that parent, and the child support payment is all the equalizer you get. The exceptions are unreimbursed medical and dental expenses, "necessary" school expenses, and child care needed to allow the custodial parent to work. Those expenses are shared 50/50 absent a finding of good cause for a different allocation.
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