Question about medical expenses


Dear CamillaCat:

Greetings. Yes, if the order says that you pay uninsured expenses, then you owe for co-pays and prescriptions, but I would immediately write to her and tell her that you require receipts.

No, simply because the insurance rates increase does not mean that her obligation or your obligation changes. You would have to modify the current order to change it.

Now, if your spouse can help her out temporarily with finances, then he may want to think of that option as a way to go back to “normal.” But, the key is a one time “helping” payment with a letter saying that is what it is. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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


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.


My husband has an order to pay 50% of any medical/dental expenses that his insurance does not cover for his daughter (whom is my step daughter).

This order has caused no problem between the parents, but suddenly the mother is in an uproar (she is in a situation in which she is tight for money and has been trying to squeak any extra pennies out of my husband that she can get) and she sent us a letter saying she wants “to know when we are going to pay her for our half of the child’s copays and prescriptions” for the past several years.

She has never asked money for copays or prescriptions until now, and she has not provided us receipts. We have no problem paying $$$ to her that we feel is fair and just. But we’re just a little puzzled as to why she hasn’t asked us money for these items before. It never even occured to us that we even owe money for these type of things, her mom has always just asked for other ‘big ticket items’. It is fine if we owe money, but DO we owe?

Are copays and prescriptions considered to be ‘expenses unpaid by insurance’? We feel the copays are probably legit, but we’re a little curious if we owe her for the child’s prescriptions. We don’t even KNOW what prescriptions she has purchased for the child, she has never made prescriptions an issue or showed us receipts.

The child’s insurance increased by $30/month 2 years ago (of which my husband has paid), and he never made any ‘beef’ about that. We figured we had no right to ask for extra money from the mom since the child support calculation had already been figured, but if the child’s insurance goes up, is her mom held liable for paying us 50% of these uncovered costs?

Ok, so basically (to make this easy) my questions are:

  1. Are copays and prescriptions something we should pay for?

  2. Does mother owe us for the increase in child’s medical insurance, or is that money that my husband has to pay on his own since the child support calc. has already been set? (the child is on his insurance plan, so that is why he pays for all of it).

Thanks, I hope I made sense :slight_smile: