In Re Marriage of Fini

Good Law
26 Cal. App. 4th 1033·31 Cal. Rptr. 2d 749
Court of Appeal of CaliforniaJuly 12, 1994A063499California5,234 words

Opinion

Opinion

KING. J.

(1a) In this case we hold that in ordering additional child support for employment-related child care costs and for uninsured medical expenses, if the parents' income is not disparate, the trial court possesses discretion to determine whether to order these expenses shared equally or in proportion to the parents' net disposable income.

Teri D. Fini (now Pederson) appeals from a child support order, contending the trial court failed to apportion employment-related child care and uninsured medical costs between herself and her former husband, Daniel T. Fini, in accordance with the governing statute.

In May 1991, Daniel and Teri [1] obtained a judgment dissolving their marriage. The marital settlement agreement incorporated therein awarded the parties joint legal and physical custody of their two school-aged children, who would be in Daniel's custody two days a week after school, alternate weekends, and half of Christmas vacation. Daniel and Teri would divide other vacations, including long weekends, equally. Daniel was to pay child support of $300 per month per child, and responsibility for the children's uninsured medical expenses would be shared equally.…

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