What does the court order say about payment of medical expenses? If he’s only required to carry medical insurance per the court order and it doesn’t address that they split the costs 50/50 and/or the father pays co-pays and 100% of covered expenses then he doesn’t have to pay anything.
My husband carries his daughter on his medical insurance, even though he’s not court ordered to do so, and he doesn’t pay any of the medical expenses. However, there have been times when he has agreed to pay co-pays and he has paid for one medical bill.
My husband’s original court order said he was to cover the children under his medical insurance until/when his ex was able to do so - she never has. He does not pay co-pays but there have been times (wisdom teeth, glasses) when we have covered some of these expenses. We consider co-pays to be covered under the child support he pays her.
If the father is paying for medical coverage throuhg the job then theres no 50/50 split he paying 100% now we you take the child to the doctor there is a small copay which you need to pay at that time and he shall do the same if he takes the child to the doctor because if its suppose to be 50/50 then what happens if he drops the medical coverage from his job then every time you visit you will have a tremendous bill which both parents are responsible. I guess you think you are not suppose to pay anything, if thats the case why not ask for gas money for the trip to the doctors office.
The party paying for health insurance gets credit for the cost of the insurance in calculating child support. Uninsured medical expenses should be shared pro rata based on your incomes.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
What if the non-custodial Father is carrying his child on his medical insurance although not court ordered to do so? There is also no provision with regards to splitting the costs (50/50 and/or pro rata)for co-pays or office visits. In this instance, wouldn’t it be the custodial Mother’s responsibility to pay in full the co-pays and/or office visits?
Child support has not been modified to credit the non-custodial Father for medical coverage.
If the non custodial father is not receiving credit for paying the health insurance, he should file a motion to modify child support so that he can receive credit for these payments.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Question- if the father is paying for the child’s medical coverage in full through his employer then would he be responsible for covering any of the copayments that would be due when the minor child has a doctor visit or medicine needed? Or is that considered paid since he covers the insurance and also pays a monthly child support payment to the mother? What I am asking should the copayments be split between the parents? Or the mother would be responsible for that part then?