02/07/2024
There have been quite a few changes to the California family code that went into effect in January. Others will go into effect in September. For example:
Amendments to Family Code Sections 4062 and 4063
Commencing September 1, 2024, paid expenses for childcare necessary for work are rebuttably presumed to be reasonable, and requests for reimbursement must be made no later than 90 days after accruing or paying the expense. FC 4061 effective September 1, 2024, specifically concerning the apportionment of child support add-ons, such as unreimbursed medical and childcare costs. The legislation also modified the law regarding determining the reasonableness of childcare add-ons.
OLD LAW: Under the previous statute, there was no presumption of reasonableness for childcare add-ons necessary for work. However, there was such a presumption for uninsured medical costs. The request for reimbursement had to be made within 30 days.
NEW LAW: “There is a rebuttable presumption that the costs actually paid for the uninsured health care… and for childcare that is for employment or reasonably necessary for education or training for employment skills are reasonable” subject to certain exceptions related to court-ordered health insurance. (FC 4063(a)(2)(d).) Additionally, the parent seeking reimbursement must do so within a reasonable time, not exceeding 90 days after accruing or paying the expense. (FC 4063(b).)
The new statutory language regarding childcare expenses is phrased ambiguously. FC 4062(a)(2) mandates courts to make orders for "reasonable uninsured health care costs," which is clear. However, when it comes to childcare, the court "shall" make an order for "[c]hildcare costs, if those expenses are actually incurred," with the term "reasonable" omitted. (Id at 4062(a)(1).) The italicized language is new and could be misconstrued as creating an irrebuttable presumption of reimbursability for paid childcare costs related to employment. However, legislative history confirms the intention to establish a rebuttable presumption. (CA B. An., S.B. 343 Assem., 7-11-23, p. 1)("Adds a rebuttable presumption that the amounts actually paid for childcare..." are reasonable). It's important to note that according to well established case law, payment of an invoice serves as evidence that the charges paid were reasonable. (E.g, Jones v. Dumrichob, (1998) 63 Cal. App.4th 1258, 1267.)
