Uninsured Medical


#1

In my latest court order I was awarded child support payments from my ex-wife, but the Judge ordered me to pay the first $250 per year in uninsured medical, dental, ortho, etc. expenses for each child every year. What is the purpose of this first $250 clause?

I’ve already met the $250 requirement for this year…and when I submit expenses to my ex she applies a 25% reduction (in her favor) to every expense…she claims it is because I have the tax deduction for the children.

In other words, instead of paying the expense at our current ratios she reduces the expense by 25% and then applies the ratios; and in so doing she drastically increases my percent share…(i.e. $100 expense times 25% = $75 the ratios are applied to the $75 rather than the $100 expense). Does this seem right? I’m afraid I can’t afford to go to court again for something like this, but that looks like what she is after - to win by attrition…

I hope this makes sense! I know I am confused…Thanks.


#2

She needs to abide by the agreement. The fact that you claim the kids has nothing to do with reducing her portion of uncovered expenses. Sounds like something my ex would try to pull (lol).


#3

The child support guidelines state that the custodial parent is responsible for the first $250.00 in uninsured expenses. Your spouse is not entitle to apply any deduction absent a specific provision in the order.


#4

Another thing not mentioned, if your child support order is being handled through Child Support Enforcement, they should enforce the medical support non-payment.

I was told by my case worker that CSE would not handle medical support, but when I talked to an attorney about filing a Show of Cause for me, the attorney, luckily, was honest and told me that CSE should be enforcing and luckily, the finally fired my case worker and the temporary worker I was assigned was good. If I had known they would enforce, I would have gone after the money legally a long time ago, but just like you, I could not afford to.

My girls father owed 2200 for 2006 and 2007 (yes, that's just his half). We had a Show Cause hearing in April and he was ordered to pay in 30 days. I still haven't seen the and I now have 2009 expenses that are unpaid too. We have another Show Cause hearing in August.

I’m hoping they throw the book at him :slight_smile:


#5

Ms. Clarey, thanks for your reply…what is the purpose of the first $250 clause?


#6

The $250 requirement is pursuant to the guidelines, one never knows the intent of the legislature in drafting the laws.


#7

In my case, the first $x.xx was to cover the deductibles (combined) but it was worded "custodial parent is responsible for payment of deductibles for dental and medical’… after that, I could ask for 3/4 the uninsured part.


#8

What exactly is an uninsured expense? Co-payments, prescriptions?


#9

Yes, anything that insurance does not cover, including co-pays and prescription costs.