Brick, NJ asked in Family Law for New Jersey

Q: Is my ex wife responsible to pay her share of my health insurance deductible %25 of medical bills for my son ?

She pays %25 of his medical . I have $5000 total deductable on my family plan. This includes my daughter from another Marrige. is my ex only responsible for part of deductible ? Nothing stated in agreement except 75/25 split .

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2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Clifton, NJ
  • Licensed in New Jersey

A: An attorney would have to review your Judgment of Divorce to know for certain. But from the facts you stated, it does not appear to that she is liable for a portion of the deductible.

Carol Jeney
Carol Jeney
  • Scotch Plains, NJ
  • Licensed in New Jersey

A: It really depends on what your Judgment of Divorce or Property Settlement Agreement provides. However, if your judgment or agreement is silent, the New Jersey Child Support Guidelines provide that once child support is calculated under the Guidelines, the "Custodial Parent", or the "Parent of Primary Residence" is responsible for the first $250 per child per year of unreimbursed health care expenditures (medical, dental, hospital, psychological, prescriptions, etc.).

If your Child Support Guidelines worksheet shows that your respective shares of the total combined net income is 75/25, or if that is what the two of you agreed to, then any unreimbursed medical expenses over and above the first $250 per child per year should be divided between the two of you in that proportion.

The cost of just the children's share of the health insurance premium (i.e., only the children of your marriage) should have been added to the Guidelines calculation which then causes the children's share of the premium to be divided between the two of you in proportion to your respective shares of the total combined net income, and this is taken into consideration in calculating the bottom line child support obligation.

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