Questions from AVVO: Medical Coverage for the Children

Question

My ex is court ordered to provide medical coverage for the children yet their spouse is providing the coverage. I am to pay 34%, my ex is to pay 66% of both unreimbursed medical and travel cost. They provided me copies of medical bills without any proof of payment made, they have a payment plan with the companies, for a certain amount each month (I checked). I have asked my ex three times to provide me copies of any and all payments they have made towards the bills with no results. Would it be considered a gift if I was to pay the 34% medical expenses to my ex if it was through their spouses insurance, and is it also considered a gift since it is the spouse who is technically providing the actual medical insurance?

Patrick’s Answer

Your ex’s spouse providing health insurance coverage for your children meets your ex’s requirement to provide the health insurance. Any cost incurred is coming from her spouse’s income, which is community income, so technically, it is the same as your ex providing the coverage.

Once your ex provides you with copies of the medical bills, it is your obligation to make payment to your ex in a timely manner, generally within 30 days. The healthcare providers are not looking to you for payment; your ex is the debtor to them. The fact that she may have a payment plan worked out with the providers has no bearing on your Court Ordered obligation to pay your portion to your ex on receipt of the bills.

Failure on your part to pay your ex the required portion of the medical bills in a timely manner could cause a contempt issue on your part.

When it comes to medical costs of your children, it can get confusing who is to pay and how much they should pay. Our attorneys have over 30 years of experience in family law.