The child support orders states I carry the insurance premium for our two children. It is over $200 per month.
Both of my children have been in the hospital for the past 2 years. The uninsured medical expenses for my two children is very significant. My ex will not help.
Child Support Enforcement refuses to require my ex to pay half of the children’s uninsured medical expenses. I have asked numerous times, even in court one day during a modification of his child support (which was lowered). They would not bring it before the judge, told me to get a lawyer to go after it.
How can they refuse this? They way I read the law they are supposed to. They tell me I will have to file a lawsuit against him myself for the uninsured medical expenses. Is this true?
I have no money or I would have gotten a lawyer. Even so, if I am awarded an amount, can this amount be garnished from his paycheck like child support?
Any amount of child support can be wage withheld if it is contained in a court order. If the court orders your ex to assist you with medical expenses any arrearages can be withheld from his wages.
The court will likely not order your spouse to pay medical expenses retroactively, but it may be well worth initiating an action for future expenses.
In semi-laymans terms, if your court order does not spell out reimbursement of uninsured medical expenses, the the CSE has no legal means to enforce it. It can’t enforce things NOT included in the order. If you have a separation/support agreement saying he will help with uninsured expenses…and he’s NOT doing that, then you can file a breach of contract.
The CSE only inforces what is ordered by the court. They can modify a child support order when it meets the criteria (every 3 years or substantial change of circumstance). That involves re-doing the worksheet.
If I’m not mistaken…uninsured medical expenses are not included in the standard child support worksheet. It MAY qualify under extraordinary expenses IF the situation was happening at the time the worksheet was done. Usually it’s addressed in a separation agreement. I may be wrong…but that is my understanding. Erin?
Normally, the Court requires the custodial parent to pay the first 250.00 of uninsured medical. Anything over that amount should have been addressed by the court or in a separation agreement. If this was not addressed, I doubt there is much you can do. CSE cannot force a spouse to pay half if there is nothing ordered or agreed. In most cases, uninsured medical is based on a pro-rata income percentage, but since nothing was agreed upon (?) ordered (?), then it is unlikely that your ex spouse is responsible. This should have been addressed at some point in your negotiations/ separation agreement/court order.