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Who pays for extraordinary medical expenses?

On Behalf of | Oct 31, 2017 | Child Support

Some California custodial who receive child support may also have medical expenses for their children that are not covered by their insurance. These uninsured medical expenses are the responsibility of both parents, including the ones who are ordered to pay child support.

Uninsured medical expenses are considered to be extraordinary expenses and must be paid in addition to child support. In some cases, ccourts will allocate the percentage of responsibility that both parents have for paying these expenses. When these expenses are incurred after a child support order has been issued, it might be necessary to return to court in order to ask for a modification.

California is one of many states that follow the income shares model. Under this model, the ccourts will allocate a percentage of responsibility to each parent, according to their respective incomes. If parents fail to pay their portions of the unpaid medical bills for their children, they may face similar penalties to what they might face if they failed to pay child support. Parents should keep bill copies and provide a written notice to the noncustodial parents of the bills, and the other parents should be given time to pay their part.

Family law attorneys may help by filing requests for child support modifications when there are extraordinary medical expenses that are not covered by insurance. This might help their clients secure orders for the noncustodial parents to pay their share of these costs. If the noncustodial parents fail to pay their shares of the uninsured medical bills for their children, the lawyers may file motions with the court to ask that the court holds the noncustodial parents in contempt of court. They may then seek to recover the money that is owed by wage garnishments or liens that are placed on the property of the nonpaying parents.