My husband and his ex-wife have joint physical and legal custody of their 14 year old daughter. Under the child support agreement, he covers her health insurance but it offers no clarification regarding uninsured medical expenses. Over the last few months, his daughter has had some medical issues and had run up some medical bills. My question is, since we carry the insurance is it solely our responsibility to cover these bills or can they be evenly split between both parents.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.
Uninsured Medical Expenses
If the agreement is silent on the matter, the party that incurs the expense may be stuck with the expense. The child support guidelines state that the party receiving child support should be responsible for the first $250.00 of uninsured medical expenses per a calendar year and thereafter the parties should split the expenses 50/50.
I suggest that your husband file a modification in order to incorporate the above language into any agreement and request that the prior expenses be split equally.
Wyckoff Nissenbaum
617-410-6467
www.SomervilleLawOffice.com