Legal Question in Family Law in California

Hi,

In March, 2011, my income was imputed going retroactive to January, 2011. The imputation is for 20 hours per week. My children are home schooled by me during the school year and are with me full time during the summer. Both children are diagnosed with Asperger's, an autism spectrum disorder. They see their father on Tuesday's for three hours and every other weekend from 3:00 p.m. on Friday until 6:00 p.m. on Sunday. I do not have 20 hours per week of child-free time. If I hire a babysitter for my children so I can work these hours, can I bill him for half of the child care costs? There is nothing written in the order for imputation regarding the child care. If he is required to pay, do I need court orders or is this a standard? Is there anything available to me in writing to prove to him he has to split this cost?

Thank you,

Lisa


Asked on 7/14/11, 9:14 am

2 Answers from Attorneys
BARRY BESSER LAW OFFICES OF BARRY I. BESSER

You will need a court order to share child care costs.

BARRY BESSER

www.besserlaw.com

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Answered on 7/14/11, 10:01 am

Mr. Besser is correct. You need to go back and ask for a modification to the order to provide that he pay 1/2 of all reasonable and necessary child care expenses for you to look for and hold 20 hr/wk employment.

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Answered on 7/14/11, 3:16 pm


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