Q: What portion of out of pocket medical expense is non custodial parent responsible for?
I am custodial with joint custody of our 16 year old daughter. Always been a stay at home mom. Remarried for 11 years. Ex husband CHOSE first four days of each month visitation only. He exercised this 3 x in 12 mons. Makes over $60,000 a year and pays $500 per month court ordered support. He has never personally paid or provided private insurance for her. My current husband has provided her with this for 11 years which makes his premium higher. Ex husband has never reimbursed even a portion of any out of pocket medical expenses not covered by Blue cross. I have sent him pd in full detailed receipts but have received nothing for 11 years. Is he responsible for refunding any portion of her monthly premium or any amount I have paid out of pocket? I do not want to go back 11 years. Just starting this year would be nice. Recent ortho was $800. Insurance paid $400, and I paid $400. Sent receipt of pd and statement from Blue Cross with detailed break down. He tells me he is not responsible.
A: You need to review the order/judgment signed by the presiding Judge and see if it answers the questions you are asking. If it says that he is responsible for some of these costs, then yes, he is responsible. If the wording is vague then you should consult with a family law attorney in your area----actually, since it has been some time since this was done, it is probably a good idea to consult with a family law attorney in your area to discuss your situation and option and the best way to proceed. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
