Paying For Your Child’s Medical Care After Divorce

By Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsIn most cases, divorce means one parent generally provides child support. The payment is made to the other parent so that the child’s daily expenses are met, including food, cloth and housing. The problem is that courts cannot predict the future medical expenses of any child. It follows that the support amount every month for the child may not be sufficient to cover the future medical expenses of the child.

Covered medical expenses

Californian courts will take into account the expense of premiums payable for medical insurance into awarding the amount of money needed for child support. A part of a child’s health insurance premium acts as credit when it comes to contrast against the child support obligation of the parent. It can be determined how much money will be paid as health insurance premium in a number of different methods.

Future medical expenses

In case parents are aware of any particular medical expenses which must be paid in future, they can negotiate on how to pay such expenses as part of the settlement agreement. To give an example, if both the husband and the wife are aware of the fact that their child’s medical treatment is not covered by insurance, they can agree among themselves to divide that expense ahead of time. A few parents may consent to split those expenses equally, or in percentages which correspond to relative incomes. Alternatively, one parent may agree to shoulder all such expenses.

Uncovered medical expenses

The settlement agreement must explain how the husband and the wife will divide the extra medical expenses which cannot be reimbursed by insurance policies, like the co-pay expenses for medications and doctor visits. Spouses may either divide equally or in proportion to their income. In some cases, one parent may consent to pay all the extra medical expenses. This is factored into the child support amount paid by the other parent.

It makes excellent sense for both the parents to agree on the method for paying uncovered medical expenses. It is frequently seen that one parent will pay the medical costs and then submit the spent amount bills to the other parent for reimbursement. The second one will be provided a certain slab of time to meet such an obligation. A few parents set up a joint account and fund it equally every month. The parent using such an account must inform the other as soon as costs are incurred. Proof of payments like receipts must also be given.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation