Greiner
Greiner v. Keller
Opinion
Lead Opinion
Petrou, J.
*335 We consider the scope of Family Code section 4062, which provides that a trial court must order an award for childcare costs related to a parent's "employment or to reasonably necessary education or training for employment skills."
Kimberlee Keller (mother) is the custodial parent of the parties' young child and supported herself and the child on a combination of public assistance plus earnings from part-time and temporary employment. She sought an award for childcare costs so that she could obtain a paralegal certification with the goal of becoming fully self-supporting without the need for public assistance. Framing the legal issue as one of first impression as to the applicability of section 4062"to a situation where a party is employed with marketable skills and is electing to improve their skills through education," the trial court ruled mother's request exceeded the scope of section 4062 because the statute does not allow an award of childcare costs incurred while a parent pursues education to expand existing employment skills if a parent's currently marketable skills were sufficient to secure employment or were capable of being used to secure employment even if…