As family law attorneys, we often handle matters that involve one parent seeking child support from the other. The amount to be paid in child support is typically calculated by using child support guidelines. Frequently, however, certain costs associated with and related to the support of a child are not accounted for in the initial calculation of child support. Although the guidelines take into account some of the other costs that may fall outside of the specific criteria included in the calculation, it is not uncommon for certain expenses to be excluded or overlooked given the multitude of costs associated with raising a child. There are many situations in which future costs are not considered in the initial calculation of child support. For example, uncovered health-related expenses, extra-curricular school and recreational activity costs, summer camp, cell phones, electronics, and streaming services, or expenses relating to a car are just a few of these expenses. Given this recurring issue, there are practical strategies that family law attorneys can apply to help their clients effectively handle costs that fall outside the Child Support Guidelines.
Methods for Handling Costs Outside of Basic Child Support
A. Communication
There are several options to handle the payment of costs that are not accounted for in the Child Support Guidelines. When a case permits it, communication between the parents is essential. Family law attorneys should always advise their clients on the importance of effective communication with their ex-spouse regarding costs associated with their child. They should ensure that methods to do so are included in any orders and agreements addressing anything related to the parties’ children. Attorneys should remind their clients that these costs are for the child’s benefit, and so they need to focus on that instead of any frustration or dislike they have of the other parent.
B. Co-Parenting Programs\Apps
First, and most importantly, the parties should define “other costs” not covered by the basic child support figure that they may incur for the children and expect to share. Once they have done that, one-way parents can effectively communicate about these other costs is through direct communication, either by way of in-person discussions, phone calls, or email. Depending on the emotional tone of the case, that may not be the most effective method. When it is not, parents can communicate through a number of programs developed to handle these expenses and other issues, I have attached a list of those applications of which I am aware. Another, which is missing from the list is Zimplify (zimplifiy.com). Many of these apps have both a website and an application parents can download onto their smartphones. Through these apps, parents can track these “other costs,” notify the other parent of the cost, and request the other parent’s consent to contribute to the cost. Some of these programs will allow a parent to upload receipts for each expense and then, at the end of the month, some will even provide a spreadsheet showing all agreed-upon expenses and which parent owes the other parent money for that month relating to these costs. Using this method, the parents will have a record detailing these costs paid for by each parent. Parents do not have to directly communicate with one another to handle these costs. They can use these records as evidence when seeking to resolve any disputes relating to these other costs incurred on behalf of the child.
C. Spreadsheets
Another strategy parents can use to effectively deal with costs not included in basic child support amounts under the Child Support Guidelines or otherwise is to create and use spreadsheets. Similar to certain apps mentioned above, spreadsheets are effective tools parents can use to keep an accounting of these other child-related expenses. These costs should be defined in court orders or agreements to avoid disputes or confusion. A practical method to include a provision for the use of spreadsheets is to include within the order or agreement a clause that outlines the procedure for submitting spreadsheets to the other parent. For instance, the MSA could include a provision that requires the custodial parent to submit to the non-custodial parent bi-monthly and via certified mail or email a spreadsheet accounting for all other costs that the parent paid during that period. The accounting should include a spreadsheet detailing in chronological order all the “other costs” that the custodial parent incurred for the child during that period, along with receipts showing proof of payment and a calculation of the amount they are seeking the noncustodial parent to pay. Other provisions can be included in orders or agreements, such as a requirement to also provide proof of insurance reimbursement, proof of payment, time period deadlines to submit payments to the other parent, the consequences of violating the clauses, etc.).
Once the terms for handling these costs through the use of spreadsheets are done, each parent can create their own spreadsheet listing the costs they agreed each will reimburse to the other. They can then log in the date and amount of each cost they incur over the defined period before they seek reimbursement from the other. At the end of each time frame, each parent can provide the spreadsheet and any other documents they agreed to provide to the other for review. If neither parent objects to a cost incurred by the other, they can determine who owes the other for that time frame. And, here again, in the event of any dispute, there are ready-made documents the parties can provide counsel, a mediator, an arbitrator, or the court to review.
D. Child Support Account
Another tool parents can use for child-related costs not included in the basic child support amount is to open a “Child Support Account” or “Expense Account” (hereinafter, “Child Support Account”). Again, the parents need to define what expenses are paid using that account to avoid disputes. The parents need to agree upon what bank will hold the account, how they will access the account (checks or debit cards), how each will get statements for the account, what amount they will deposit to fund the account initially, what percentage each will pay towards the amount funding the account and when and in what amount they will replenish the account. The parents should also address how they will handle any objections to spending from the account. For example, if either parent questions the spending of the other as outside of the agreed-upon list of items, or amount spent on an item, or requires receipts for certain purchases, the questioning parent should be obligated to notify the other by an agreed method of communication (i.e.: email, Our Family Wizard, etc.). When receipts are requested, a specified amount of time should be imposed on the questioned parent to provide said receipts once the request is made.
Finally, parents should include an alternative dispute resolution method for resolving any disputes on these issues, such as a requirement to attend mediation or arbitration with a named mediator or arbitrator within 30 days of the dispute arising. Disputes in this area are particularly suited to arbitration, where parents can get an efficient resolution to any disputes instead of waiting for a court’s decision.
E. Adding to and/or Modifying Child Support
Finally, parents can always agree to deviate from a child support obligation determined by the use of the Child Support Guidelines, or a court can order a deviation. If the parents agree to deviate so as to include any other costs that may arise in financially supporting a child, it is imperative to include in their agreement or consent order a provision that explains the deviation so that if child support needs to be addressed in the future, anyone looking at the issue understands the amount determined. So, parents can agree that although the child support amount determined by the Child Support Guidelines is $126 per week, they agree to include other certain expenses not covered in the amount, i.e. camp, counseling, streaming services, cell phone service, in that amount and increase the child support to $379 per week. This may be preferable for parents who want to avoid the record-keeping required for other methods and the need to go back and forth exchanging these costs and seeking reimbursement.
An agreement or consent order can also address any changes that may occur in the future and how to address those changes. For example, if one child is no longer participating in a club sport, the child support amount is reduced by a set amount of money, or they attend mediation or arbitration before seeking court intervention. Such a provision would provide parents with a set resolution for future changes or an avenue to address a change in circumstances in the future. Clearly, having the parties address all of this upfront and reach an agreement regarding potential changes in the future is the most optimal outcome for avoiding disputes in the future.
