Medical Expenses

North Carolina Divorce Law Divorce and Separation Answers
1

My ex wife and I have a signed separation agreement from 2007 stating that support with be determined by NC Child Support Enforcement and that they will equally share medical expenses not covered by insurance. I began paying child support through Child Support Enforcement in 2008 which requires a certain dollar amount each month plus I am required to cover the children’s health insurance. My ex wife has been taking my children to several doctors appointments a month totaling almost $1000 in copays which she is demanding we split. Is this the case, because I was under the assumption that the child support took medical expenses into account and that the current support order would superceed any prior agreements for financial support as stated in our separation agreement.

I would like to also add that our separation agreement also states that each party is to keep the other informed as to the status of the health of the children and to consult with the other party as to the major decisions affecting them. I have only been informed of about 1/4 of their dr’s visits (which totaled 11 last month) and have not been included or consulted on any decisions including medications they have been taking without my knowledge or consent.

2

The Agreement will stand with respect to the sharing of the medical expenses. Child support orders normally specify some way of sharing the uninsured expenses. Since your Agreement outlines how you will share these expenses and the Order does not, you will continue to pay 50% of these expenses.

You will have to amend your separation agreement to include additional terms, or file an action for custody.

3

Thank you Mrs. Clarey,

I would also like to check if it is reasonable for my ex to send this list of doctors appointments dating back 7 months to January 2010, without receipts or any proof of payment and demand a payment of nearly $400 within 2 weeks. I received this notice from her just days after filing a motion for custody so it is obviously an act of retaliation.

Thank you again.

4

It is unreasonable of her to demand reimbursement without providing the receipts.