Ensuring that a child’s medical expenses are adequately covered is a top priority during divorce proceedings. Whether it’s routine checkups, emergency medical care, or ongoing treatments for chronic conditions, both parents are generally responsible for contributing to the cost of their child’s healthcare.

The payment of these expenses is typically outlined in the divorce agreement. The court could also determine the arrangement if parents cannot agree on their own. What should parents know about how these expenses are handled? What should you do if a responsible party does not meet their obligations?

Determining Responsibility for Medical Expenses in Divorce

In Florida, child support typically covers basic medical needs, such as health insurance premiums and routine medical care. However, additional medical expenses such as co-pays, deductibles, prescriptions, and uninsured medical costs must also be divided between parents. These expenses are often referred to as “extraordinary medical expenses.”

There are two primary ways that a child’s medical expenses are handled in a divorce:

• Mutual agreement between parents: Parents can negotiate medical expense coverage in their divorce agreement. Typically, this agreement specifics how out-of-pocket medical costs are split. Many parents agree to split these expenses 50/50, while others may divide them based on each parent’s income or other circumstances. The divorce agreement should also specify who is responsible for ensuring the child has health insurance and whether one or both parents will share the cost of premiums.
• Court determination: If parents cannot agree on how to handle medical expenses, the court will make a decision. In Florida, the court typically considers each parent’s income and financial situation when determining how medical expenses should be shared. The court may assign a percentage of the medical costs to each parent based on their income or adjust this division if there are special circumstances, such as one parent having significantly higher healthcare benefits through their employer.

What Happens If a Parent Doesn’t Pay?

Unfortunately, there are times when one parent fails to pay their share of the child’s medical expenses, even though they are legally obligated to do so. If this happens, the other parent has legal options for enforcement.

If a parent does not pay what they owe for medical expenses, the other parent can:

• File a motion for contempt: Your lawyer will file a Motion for Contempt. This triggers a legal process in which the court enforces the existing divorce or child support order. If the court finds that the parent is in contempt, they may impose fines, wage garnishment, or other penalties to compel payment.
• Seek reimbursement: The court may order the non-paying parent to reimburse the paying parent for any out-of-pocket costs incurred on behalf of the child.

Failure to pay for medical expenses can also lead to modifications in child support or custody arrangements. This varies from situation to situation.

Consult a Divorce Attorney for Guidance

Are you going through a divorce and have concerns about your child’s medical expenses? It’s important to speak with a divorce attorney who can guide you through the process. Whether you are working out the details of a divorce agreement or dealing with a co-parent who isn’t fulfilling their financial obligations, an experienced attorney can help you understand your rights and responsibilities.

For more information or to schedule a time to discuss your situation, contact the Geller Law Firm.