Who Pays the Medical Bills for Children in a Divorce?
When navigating a divorce, one of the most critical concerns for parents is determining how to manage their children’s medical expenses. At Foster Hsu, LLP we understand how medical expenses are divided between parents can help minimize conflict and provide clarity as you move forward.
Medical Expenses in California Divorce Cases
In California, child support is designed to cover a child’s basic needs, including certain medical costs. These typically include health insurance premiums and routine healthcare expenses. However, out-of-pocket expenses like deductibles, co-pays, prescriptions, and specialized treatments may not be fully covered under the standard child support arrangement.
California law requires parents to share responsibility for extraordinary medical expenses, defined as costs not covered by insurance or child support, such as braces, therapy, or treatment for chronic conditions. Addressing these expenses in your divorce agreement is vital to avoid future disputes.
The Role of Child Support
Child support payments in California are calculated using a guideline formula that considers both parents’ incomes, the time each parent spends with the child, and other factors. While these payments cover regular expenses, extraordinary medical costs often require a separate arrangement.
Extraordinary Medical Expenses: How Are They Divided?
California courts typically require parents to split extraordinary medical expenses equally or in proportion to their incomes. For instance, if one parent earns 70% of the combined income and the other earns 30%, the division of costs would generally reflect this ratio unless otherwise agreed.
Health Insurance Coverage
Health insurance is a significant component of children’s medical expenses in a divorce. Courts often require one parent to maintain health insurance for the child if it is available at a reasonable cost. The parent paying the premiums may receive an adjustment in their child support obligations to account for this expense.
Drafting a Comprehensive Agreement
To avoid future disputes, it is essential to include clear terms in your divorce or custody agreement regarding how medical expenses will be handled. Key points to address include:
- Health Insurance: Specify which parent will provide health insurance and how the costs will be shared.
- Uninsured Medical Costs: Outline how deductibles, co-pays, and other uninsured costs will be divided.
- Extraordinary Expenses: Define how larger, unexpected medical expenses, such as orthodontics or surgery, will be managed.
- Reimbursement Procedures: Set clear rules for how one parent can seek reimbursement from the other after paying upfront costs.
What Happens When Disputes Arise?
Disputes over medical expenses can arise if one parent refuses to contribute or if the agreement is unclear. If this happens, the terms of your divorce or custody agreement will serve as the starting point for resolution. When necessary, an experienced family law attorney can help enforce the agreement or request a modification to reflect changing circumstances.
Schedule a Consultation Today
Determining financial responsibility for your children’s healthcare during a divorce can be complex, but careful planning can prevent disputes and ensure your child’s needs are met. At Foster Hsu, LLP, our skilled San Jose family law attorneys are here to help you address these issues and craft a divorce agreement that works for your family. Contact us today to schedule a consultation and protect your child’s well-being.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=4053
