Section 4061 Of Article 2. Statewide Uniform Guideline From California Family Law Code >> Division 9. >> Part 2. >> Chapter 2. >> Article 2.
4061
. The amounts in Section 4062 shall be considered additional
support for the children and shall be computed in accordance with the
following:
(a) If there needs to be an apportionment of expenses pursuant to
Section 4062, the expenses shall be divided one-half to each parent,
unless either parent requests a different apportionment pursuant to
subdivision (b) and presents documentation which demonstrates that a
different apportionment would be more appropriate.
(b) If requested by either parent, and the court determines it is
appropriate to apportion expenses under Section 4062 other than
one-half to each parent, the apportionment shall be as follows:
(1) The basic child support obligation shall first be computed
using the formula set forth in subdivision (a) of Section 4055, as
adjusted for any appropriate rebuttal factors in subdivision (b) of
Section 4057.
(2) Any additional child support required for expenses pursuant to
Section 4062 shall thereafter be ordered to be paid by the parents
in proportion to their net disposable incomes as adjusted pursuant to
subdivisions (c) and (d).
(c) In cases where spousal support is or has been ordered to be
paid by one parent to the other, for purposes of allocating
additional expenses pursuant to Section 4062, the gross income of the
parent paying spousal support shall be decreased by the amount of
the spousal support paid and the gross income of the parent receiving
the spousal support shall be increased by the amount of the spousal
support received for as long as the spousal support order is in
effect and is paid.
(d) For purposes of computing the adjusted net disposable income
of the parent paying child support for allocating any additional
expenses pursuant to Section 4062, the net disposable income of the
parent paying child support shall be reduced by the amount of any
basic child support ordered to be paid under subdivision (a) of
Section 4055. However, the net disposable income of the parent
receiving child support shall not be increased by any amount of child
support received.