Insurance and Medical costs.


© Annelies Mouring

It's a fact that kids get sick and need medical care. As a general rule in most jurisdictions, these costs are above what is considered as "child support." However, it's a common misconception that the custodial parent should bear the burden alone for these costs. That is not usually the case. Following these simple guidelines might help to clear the confusion.

Look at your custody order or final decree, then look to local law. Your final divorce decree or final judgment will be the best place to start. If the matter is addressed it will be in here. This document acts as your guide to what the court felt was the best in your particular situation and will be more tailored to you. Look at the decree and follow what is here on the subject. However, there are instances where the subject was not addressed or was omitted. If that is the case, consult local statutes or family laws. These laws vary from state to state but might be a source of guidance.

Typically, it's considered a joint responsibility and will be presumed to be divided between the custodial parent and the non-custodial parent either 50/50 or perhaps on the same scale as child support. For example, the court may have determined that the non-custodial parent based on the factors for that jurisdiction, is responsible for 80% of the total salary of both parents. The court has also determined that the custodial parent's share of the support is 20%. In applying this logic to a medical bill, that was say 100.00, the non-custodial parent responsibility would be for $80.00 and the custodial share is $20.00. The custodial parent, having already paid the $100.00, would be reimbursed the $80.00 by the non-custodial parent.

Don't pay for health insurance you are not required to pay for. If your ex-spouse is required under the divorce decree to pay for health insurance and dental, then don't insure your children under a separate policy. This can only increase the costs of insurance for you. In addition, you will not receive reimbursement for these costs. However, if the non-custodial parent is not required to provide dental but is required to pay insurance, and dental is available through your work at a reduced cost, it might be in both parents interest for you to pay for this policy and the non-custodial parent to reimburse you their share.

Know your providers and double check your medical insurance policy.

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