Divorce/Child Support-Travel Expenses fall under Medical??

[onlyforhim]

What is the name of your state (only U.S. law)? Florida

My divorce decree states the following: "The parties shall equally divide any uncovered medical, dental, ophthalmological, pharmaceutical and deductible expenses for the child in the folliwing manner. The Husband shall pay 50% of all such expenses. The Wife shall pay 50% of all such expenses."

My son has lukemia. My ex-wife does not allow me to see him, and won't allow me to help with his care. He travels to the hospital for chemo and other treatments. His treatments are in Orlando, where I live. However, he lives with his mother in Lake Wales. My ex-wife is stating that the cost of transportation (her driving back and forth to the hospital) falls under "Medical Expenses" and that I am liable to pay for half of her travel expenses.

Do travel expenses to and from the hospital for medical treatments fall under medical expenses, as explained in my divorce decree? Would I be responsible for paying for part of her gas/mileage and so forth?

Just for additonal information, I already pay $910.00 per month for two children. If you could advise, I would greatly appreicate it. Thank you in advance!What is the name of your state (only U.S. law)?

 

[Isis1]

What is the name of your state (only U.S. law)? Florida

My divorce decree states the following: "The parties shall equally divide any uncovered medical, dental, ophthalmological, pharmaceutical and deductible expenses for the child in the folliwing manner. The Husband shall pay 50% of all such expenses. The Wife shall pay 50% of all such expenses."

My son has lukemia. My ex-wife does not allow me to see him, and won't allow me to help with his care. He travels to the hospital for chemo and other treatments. His treatments are in Orlando, where I live. However, he lives with his mother in Lake Wales. My ex-wife is stating that the cost of transportation (her driving back and forth to the hospital) falls under "Medical Expenses" and that I am liable to pay for half of her travel expenses.

Do travel expenses to and from the hospital for medical treatments fall under medical expenses, as explained in my divorce decree? Would I be responsible for paying for part of her gas/mileage and so forth?

Just for additonal information, I already pay $910.00 per month for two children. If you could advise, I would greatly appreicate it. Thank you in advance!What is the name of your state (only U.S. law)?

who moved? you? or mom? what is the reason treatment cannot happen in Lake Wales? was treatment always in Orlando?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Florida

My divorce decree states the following: "The parties shall equally divide any uncovered medical, dental, ophthalmological, pharmaceutical and deductible expenses for the child in the folliwing manner. The Husband shall pay 50% of all such expenses. The Wife shall pay 50% of all such expenses."

My son has lukemia. My ex-wife does not allow me to see him, and won't allow me to help with his care. He travels to the hospital for chemo and other treatments. His treatments are in Orlando, where I live. However, he lives with his mother in Lake Wales. My ex-wife is stating that the cost of transportation (her driving back and forth to the hospital) falls under "Medical Expenses" and that I am liable to pay for half of her travel expenses.

Do travel expenses to and from the hospital for medical treatments fall under medical expenses, as explained in my divorce decree? Would I be responsible for paying for part of her gas/mileage and so forth?

Just for additonal information, I already pay $910.00 per month for two children. If you could advise, I would greatly appreicate it. Thank you in advance!What is the name of your state (only U.S. law)?

Ultimately, anything that isn't spelled out in detail would be decided by a judge - and it's impossible to predict his biases. However, if he's looking for something to help him make the decision, he might look at IRS rules. You can deduct mileage to and from medical treatment as a qualified medical expense. Based on that, I don't think it's unreasonable to consider the mileage to be a medical expense. However, it would be reasonable for the judge to allow only the IRS rate for qualified medical transportation (16.5 cents per mile in 2010). At 110 miles round trip, that's just under $20 a trip - not a huge amount.

Now, if the treatment is regular and the child needs to be in Orlando frequently, you might be able to argue for a change in schedule to simplify things and reduce the driving for the child. For example, you might ask the court to allow your visitation to coincide with treatments. However, that sounds like an uphill battle because there would be several hurdles you'd need to jump.

Best wishes for a speedy recovery for the child.

 

[ecmst12]

Why do you think it's up to your ex to "allow" you to see your child?

 

[CSO286]

Ultimately, anything that isn't spelled out in detail would be decided by a judge - and it's impossible to predict his biases. However, if he's looking for something to help him make the decision, he might look at IRS rules. You can deduct mileage to and from medical treatment as a qualified medical expense. Based on that, I don't think it's unreasonable to consider the mileage to be a medical expense. However, it would be reasonable for the judge to allow only the IRS rate for qualified medical transportation (16.5 cents per mile in 2010). At 110 miles round trip, that's just under $20 a trip - not a huge amount.

Now, if the treatment is regular and the child needs to be in Orlando frequently, you might be able to argue for a change in schedule to simplify things and reduce the driving for the child. For example, you might ask the court to allow your visitation to coincide with treatments. However, that sounds like an uphill battle because there would be several hurdles you'd need to jump.

Best wishes for a speedy recovery for the child.

In addition, many states' medicaid programs have transportation components that will pay for medically necessary transportation, hotel and some meals. (And, yes, I do realize that medicaid is not involved here, but I bring it up to demonstrate most states' willingness to recognize that transportation is often a necessary expense when caring for a chronically ill person.)

Given that these exist, I could see a court being willing to grant those as expenses to be split between the parties under the uninsured/unreimbursed medical expenses clause in your agreement.

That said, until it is clarified, you aren't ordered to pay them.... Though if your do refuse to split them, it's possible mom would request that clarifying hearing.....and is distracting Mom from focusing on Junior's care the best move right now?

 

[Proserpina]

That said, until it is clarified, you aren't ordered to pay them.... Though if your do refuse to spilt them, it's possible mom would request that clarifying hearing.....and is distracting mon from focusing on junior's care the best move right now?

That's an excellent point.

 

[stealth2]

Ditto CSO & Pro. Is having Mom & Dad playing these games best for the child's well-being? This should be a time for the parents to put aside their differences and petty arguments and focus on the child.

 

[mistoffolees]

Ditto CSO & Pro. Is having Mom & Dad playing these games best for the child's well-being? This should be a time for the parents to put aside their differences and petty arguments and focus on the child.

Especially when it's not a huge amount of money. Using IRS rates, it's $20 per trip. Even if they go once a week, that's $520 per parent. Not that important in the scheme of things (if they simply calculate gas money, ti's even less).

 

[meanyjack]

My ex-wife is stating that the cost of transportation (her driving back and forth to the hospital) falls under "Medical Expenses" and that I am liable to pay for half of her travel expenses.

Your ex is full of crap. She does not get to define what constitutes "medical expenses". Also, I point to your order that has the word "uncovered" as it relates to expenses -- meaning what is left after any applicable insurance has been applied.

Do travel expenses to and from the hospital for medical treatments fall under medical expenses, as explained in my divorce decree? Would I be responsible for paying for part of her gas/mileage and so forth?

As of now, NO!

 

[mistoffolees]

Your ex is full of crap. She does not get to define what constitutes "medical expenses". Also, I point to your order that has the word "uncovered" as it relates to expenses -- meaning what is left after any applicable insurance has been applied.

Really? And your evidence for that blanket statement?

The IRS considers transportation to be a legitimate medical expense. The state of Florida considers transportation to be a legitimate medical expense (at least as far as the Medicaid program). Flexible Spending accounts can be used to pay for transportation (http://www.crosbybenefits.com/_Documents/Form/19/FSAEligible-ExtensiveList.pdf).

So what's your evidence that it's NOT a medical expense?

Your insurance argument doesn't hold water. FSA accounts pay medical expenses after insurance has been paid - and they cover transportation (see above).

It's almost certainly a medical expense by almost any definition.