CALIFORNIA FAMILY CODE
COURT-ORDERED CHILD SUPPORT
Statewide Uniform Guideline
Family Code Section 4063
(a) When making an order pursuant to paragraph (2) of subdivision (a) of
Section 4062, the court shall:
(1) Advise each parent, in writing or on the record, of his or her rights
and liabilities, including financial responsibilities.
(2) Include in its order the time period for a parent to reimburse the
other parent for the reimbursing parent's share of the reasonable
additional child support costs subject to the requirements of this section.
(b) Unless there has been an assignment of rights pursuant to Section 11477
of the Welfare and Institutions Code, when either parent accrues or pays
costs pursuant to an order under this section, that parent shall provide
the other parent with an itemized statement of the costs within a reasonable
time, but not more than 30 days after accruing the costs. These costs
shall then be paid as follows:
(1) If a parent has already paid all of these costs, that parent shall
provide proof of payment and a request for reimbursement of his or her
court-ordered share to the other parent.
(2) If a parent has paid his or her court-ordered share of the costs only,
that parent shall provide proof of payment to the other parent, request
the other parent to pay the remainder of the costs directly to the provider,
and provide the reimbursing parent with any necessary information about
how to make the payment to the provider.
(3) The other parent shall make the reimbursement or pay the remaining
costs within the time period specified by the court, or, if no period
is specified, within a reasonable time not to exceed 30 days from notification
of the amount due, or according to any payment schedule set by the health
care provider for either parent unless the parties agree in writing to
another payment schedule or the court finds good cause for setting another
(4) If the reimbursing parent disputes a request for payment, that parent
shall pay the requested amount and thereafter may seek judicial relief
under this section and
Section 290. If the reimbursing parent fails to pay the other parent as required by
this subdivision, the other parent may seek judicial relief under this
(c) Either parent may file a noticed motion to enforce an order issued
pursuant to this section. In addition to the court's powers under
Section 290, the court may award filing costs and reasonable attorney's fees if
it finds that either party acted without reasonable cause regarding his
or her obligations pursuant to this section.
(d) There is a rebuttable presumption that the costs actually paid for
the uninsured health care needs of the children are reasonable, except
as provided in subdivision (e).
(e) Except as provided in subdivision (g):
(1) The health care insurance coverage, including, but not limited to,
coverage for emergency treatment, provided by a parent pursuant to a court
order, shall be the coverage to be utilized at all times, consistent with
the requirements of that coverage, unless the other parent can show that
the health care insurance coverage is inadequate to meet the child's needs.
(2) If either parent obtains health care insurance coverage in addition
to that provided pursuant to the court order, that parent shall bear sole
financial responsibility for the costs of that additional coverage and
the costs of any care or treatment obtained pursuant thereto in excess
of the costs that would have been incurred under the health care insurance
coverage provided for in the court order.
(f) Except as provided in subdivision (g):
(1) If the health care insurance coverage provided by a parent pursuant
to a court order designates a preferred health care provider, that preferred
provider shall be used at all times, consistent with the terms and requirements
of that coverage.
(2) If either parent uses a health care provider other than the preferred
provider inconsistent with the terms and requirements of the court-ordered
health care insurance coverage, the parent obtaining that care shall bear
the sole responsibility for any nonreimbursable health care costs in excess
of the costs that would have been incurred under the court-ordered health
care insurance coverage had the preferred provider been used.
(g) When ruling on a motion made pursuant to this section, in order to
ensure that the health care needs of the child under this section are
met, the court shall consider all relevant facts, including, but not limited
to, the following:
(1) The geographic access and reasonable availability of necessary health
care for the child which complies with the terms of the health care insurance
coverage paid for by either parent pursuant to a court order. Health insurance
shall be rebuttably presumed to be accessible if services to be provided
are within 50 miles of the residence of the child subject to the support
order. If the court determines that health insurance is not accessible,
the court shall state the reason on the record.
(2) The necessity of emergency medical treatment that may have precluded
the use of the health care insurance, or the preferred health care provider
required under the insurance, provided by either parent pursuant to a
(3) The special medical needs of the child.
(4) The reasonable inability of a parent to pay the full amount of reimbursement
within a 30-day period and the resulting necessity for a court-ordered