I recently read on here about the custodial parent being responsible for the first $250 of uninsured medical costs. Does this apply in all cases or just if specifically ordered? My order just says each parent is responsible for 50% of all uninsured medical cost. My ex will send me receipts where she has bought things like Tylenol and want have. It is very tedious and just gets old having to mail a check for $2.50. (Note: I live in FL, ex and child live in NC). I kind of thought child support was suppose t pay for things like that.
My child support was recentlt modified. For 5 years my ex has been claiming a credit on child support for paying insurance. It turns out my daughter has been on state funded insurance since Oct 2007. Is there any recourse for all the extra I paid due to this lie? Also the support was modified due to the fact that my ex has been unemployed since May 15, 2009. What happens when she gets another job? Is it up to her to report this is CSE or will they keep track of her? Should CSE be requesting verification of her employment, insurance, etc? I have to report if I change jobs, addresses, anything. Does she have to do the same and what happens if she doesn’t?
Thanks in advance for all your help!
The child support guidelines state that the court may order that uninsured medical or dental expenses in excess of $250.00 be paid by either parent or both parents in such proportion as the court deems appropriate. Normally the courts order the custodial parent to pay the first $250.00 of these expenses with the parents dividing any amounts over $250.00 based on their pro-rata share of combined income, though the rule is not set in stone it is what judges typically order.
If your order states that you each pay 50%, that is what the judge deemed appropriate in your particular case.
With respect to the credit, there will be no reimbursement retroactively for the insurance amount.
If your ex does obtain a job, you will need to file a motion to modify the support based on a substantial change in circumstances. She does have an affirmative duty to keep CSE apprised of her current information.
What should I do if I find out she did not notify CSE of a change in her situation? The reason I ask is when my child support was originally set in 2002 she claimed unemployment then also. Then two weeks after the court set an amount she “found” a job but support was never modified until May 2009. Her montly income went from the imputed amount of $892 to $2300 per month back in 2002. Also this time she was only given an imputed salary this time of $1257 when she is obviously capable ofmaking the $2300 she has been makinig for the 7 previous years? Why do they deviate in such a manner?
You should notify CSE if you find your ex is not reporting her income properly.
Just another question in regards to uninsured med costs. In May 2007, the judge ordered my ex to pay 100% of uninsured. We were outside the guidelines and his income was 85% to my 15%. Over the past 2 years these costs have been for routine dental visit, glasses, few doctor co pays and very few meds. He also pays for their health insurance.
We are going to court to modify as one child graduated from high school. He has asked in the motion to only pay 50% of uninsured. He has a new lawyer and maybe he advised him this way. I feel that would be unfair as I am paying for the health insurance of the 2 older children and paying 100% of their uninsured as they are in college and do not have an income.
His salary is lower and mine is the same. He was found to have suppressed his income in bad faith so CS was not modified then.
What would I have to do to defend keeping uninsured costs at him paying 100%. (like I said I am paying health 100% for the two older children so I just think it is fair to pay 100% for the two younger ones). I do not abuse it by making him pay for non prescription meds or anything unnecessary. Will the judge likely keep it the same as it has been for 2 years and he will be paying less anyways since one child will be gone from child support.
Thanks for your advise. I just keep feeling like I am getting the shaft no matter where I turn. I pay my child support willing and have never been behind. SOmetimes I feel like they take the deadbeat dad vibes out on everyone, even the good dads. Again thanks for your advise!
When you present your case to the judge be sure to include all the relevant facts, including the expenses you are paying for your grown children. Ultimately how the uninsured expenses are split will be up to the judge, and your spouses desire to pay only half will be only one factor in the judges ruling.