My ex paid a large bill upfront for braces that will span a 9 month period and just a week before my daughter’s 18th birthday. I am in the process of filing for modification of child support to go from two children down to one. Given that this is in essence a pre-payment for 9 months of medical treatments, do I have to pay the full amount or only a pro-rated amount up until the time the new order is established?
If your child support terms are in a court order, then the child support order remains applicable to a child until the child has turned 18 AND has graduated from high school (the statute provides for a few other exceptions if a child won’t graduate on time).
So unless your child support order states otherwise, you would be responsible for your portion through the month that the child turns 18 and graduates high school.
An argument could be made that you should not be responsible for the entire percentage of your portion of uninsured healthcare expenses when a pre-payment has been made and the child will age out of child support before the period of time expires in which the pre-payment covers, although the other parent can likely make a viable argument in the reverse. This will be an issue that will need to be decided on at the time of your child support modification hearing.
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.