Does Medical Support End when Child Support Ends

[fundad07]

What is the name of your state (only U.S. law)? ID
Does medical/dental support end when child support ends? My child support decree says, "Defendant will pay support until each child attains age 18; except if a child attains 18 before completing high school. Support will continue until the child discontinues high school or attains age 19, whichever comes first."

My child graduated in June and that is the date child support services said my child support ended, and I forgot to ask them about medical/dental expenses. If my child went to a dentist or doctor after the high school graduation date am I legally responsible? I was splitting the medical/dental costs with my ex. I am not saying I am not going to pay for any medical/dental expenses after the graduation date. I am just wondering if I am legally emancipated from my child's medical/dental bills after the graduation date? I am keeping my child on my medical and dental insurance.

The only reference in my decree about medical expenses is that, "you will pay health care expenses for the child that are not covered and paid by insurance in the following portion 55/45."

Thank you for your time.

 

[OHRoadwarrior]

"for the child"

Yes, your responsibility terminates at the time support does.

 

[garrula lingua]

Yes, the court order stating you MUST provide medical support for your child, ends at 18 & graduation from high school.

However, the insurance company will allow you to keep your child enrolled.

You may want to sit down with the other parent (and your child), and talk to them about splitting the costs, or reimbursing you, or advising them that they now have to cover the costs not covered by insurance.

 

[LdiJ]

An 18 year old is a legal adult and therefore responsible for their own out of pocket medical expenses.

 

[fundad07]

Incorporated herein as though fully set forth?

Thank you for the replies. I noticed in my divorce decree I have two different paragraphs regarding when support ends. One paragraph states, "Defendant shall pay Petitioner, as for the care, support, and maintenance of the parties minor child, the sum of $X, until child turns 18 years old, or if pursuing a college education, turns 19 years old, whichever occurs first. Also in the same divorce decree, it states, "The November 10th mediation agreements of the parties memorialized in letters from (attorney) are attached hereto and incorporated herein as though fully set forth."

In the attached November 10th mediation agreement letter it states, Defendant will pay Petitioner X monthly for the support of the child through Child Support Receipting Agency. Defendant will pay support until child attains age 18; except if child attains age 18 before completing high school. Defendant's support will continue until the child discontinues high school or attains 19, whichever comes first."

So which paragraph is correct, discontinues high school or if pursuing a college education, 19. My child is pursuing a college education. I am assuming the second paragraph from mediation with the wording, "incorporated herein as though fully set forth" because my child support was not automatically taken out of my paycheck in July. I did not contact child support services to discontinue support, because previously they told me it was an automatic process. Child support services said the child support ended on his graduation day because they automatically send a form to the school with the child's graduation date and they have a copy of my decree.

I am assuming once again medical support ended when child support ended which according to child support services it was on the graduation date but I want to be sure, I didn't realize the two paragraphs were slightly different.

 

[OHRoadwarrior]

The key phrase is in the first part is "whichever occurs FIRST". In the second it is until 18 or finishes high school. This is because even if 18, spouse will continue to be responsible for sheltering until graduation. When the child is 18 AND graduates from high school, is 19 and still in high school, or is 19 and has quit school are the termination points.

 

[I'mTheFather]

"Defendant shall pay Petitioner, as for the care, support, and maintenance of the parties minor child, the sum of $X, until child turns 18 years old, or if pursuing a college education, turns 19 years old, whichever occurs first.

Am I having reading comprehension issues, or is the bolded nonsense? It would make sense without the underlined part, but the inclusion of "whichever comes first" means that support ends when the child turns 18, even if the child is pursuing college. Right? What am I missing?

 

[fundad07]

Hereto and Incorporated Herein Wording???

I agree, the wording is confusing! From what I read we agreed in mediation that support would continue until the child discontinues high school or turns 19, whichever comes first. Which is completely fair in my opinion. I am also assuming that the wording, " The November mediation agreements of the parties memorialized in letters from (attorney) are attached hereto and incorporated herein as though fully set forth."

Does that mean the November 10 the mediation letter that was attached to my divorce decree is just as legally binding as the divorce decree itself?

Thanks again for your time.