parent fails to give timely notice of claim to other parent CS Ons” “Add Mandatory & Discretionary CS Add-on CS Ons” “Add Mandatory & Discretionary Add Ons T/Ct does not have discretion To create child support trust For college expenses [Marriage (1997) 60 Cal.App.4th 124] of Chandler Distinguish T/Ct jurisdiction to enforce such agreements (1993) 21 Marriage of Smith & Maescher Cal.App.4th 100 Mandatory & Discretionary Add Ons (cont’d) T/Ct can establish a CS trust For purpose of travel expenses [Wilson (2001) 87 Cal.App.4th 887] v. Shea T/Ct must make a guideline finding for CS even if it enacts a travel trust provision It is not a form of CS [Marriage and (2009) 175 of Burgess Charisma R. v. Kristina S. II Cal.App.4th 361] Mandatory & Discretionary Add Ons (cont’d) If T/Ct deviates from guideline It must state reasons for grant or denial of hardship deduction under Fam C 4073 This obligation to state grounds extends to orders for family support [Fam C 4074] Additional of Child Support T/Ct shall apportion certain allowable additional expenses Half to each parent Unless a parent requests a different apportionment And justifies the different apportionment through documentation under Fam C 4061(b) Additional Forms of CS (cont’d) Any alternate apportionment shall be made in proportion to net income Adjustments can take into account The amount of SS paid In making the apportionment As permitted by Fam C 4061(c) Additional Forms of CS (cont’d)
parent fails to give timely notice of claim to other parent CS “Add Ons” Mandatory & Discretionary CS Add-on CS “Add Ons” Mandatory & Discretionary Add Ons T/Ct does not have discretion To create child support trust For college expenses [Marriage of Chandler (1997) 60 Cal.App.4th 124] Distinguish T/Ct jurisdiction to enforce such agreements Marriage of Smith & Maescher (1993) 21 Cal.App.4th 100 Mandatory & Discretionary Add Ons (cont’d) T/Ct can establish a CS trust For purpose of travel expenses [Wilson v. Shea (2001) 87 Cal.App.4th 887] T/Ct must make a guideline finding for CS even if it enacts a travel trust provision It is not a form of CS [Marriage of Burgess and Charisma R. v. Kristina S. II (2009) 175 Cal.App.4th 361] Mandatory & Discretionary Add Ons (cont’d) If T/Ct deviates from guideline It must state reasons for grant or denial of hardship deduction under Fam C 4073 This obligation to state grounds extends to orders for family support [Fam C 4074] Additional of Child Support T/Ct shall apportion certain allowable additional expenses Half to each parent Unless a parent requests a different apportionment And justifies the different apportionment through documentation under Fam C 4061(b) Additional Forms of CS (cont’d) Any alternate apportionment shall be made in proportion to net income Adjustments can take into account The amount of SS paid In making the apportionment As permitted by Fam C 4061(c) Additional Forms of CS (cont’d)