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Payment to Medical bills as CS Credit?

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ljfl33578

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

Divorced in April 2010. Son lives with my ex-wife. I pay Child Support to her and I also carry the Health Insurance Coverage for my son which I pay for fully. The issue is on the payment for Uncovered Medical Expenses.

Our Marital Settlement Agreement details that uncovered medical expenses are to be divided 50/50 between me and my ex-wife.

However, the question arises over interpretation of the following section in our MSA:

"Responsibility of any party for payment of health insurance, dental insurance, and/or Noncovered Health Care Expenses shall be
considered as payment towards any child support for purposes of enforcement. Husband shall receive an offset against any child support due and owing for all expenses, without exception, incurred for the care and maintenance of the minor child."

Does this indicate that the amount I pay for my half of the medical bills should be credited against what I owe for Child Support that month? For instance, if my normal payment is $800 a month, and I have paid $200 in Health Care Expenses this month, then I owe to my ex only $600 this month?What is the name of your state (only U.S. law)?
 


mistoffolees

Senior Member
That's what it sounds like.

It's a very strange clause, though, and not very fair.

Let's say you have $1,000 in uncovered bills one month and CS is $800. That means that you and Mom are both expected to pay $500 of it. You subtract your $500 from CS, so CS is only $300 that month. Mom gets $300 for CS, but has to pay $500 for medical - which means that Mom is effectively paying all of the uncovered expenses.

I suspect that someone didn't think it through. It seems to me that it would be more fair to ignore than clause and you each pay 1/2 WITHOUT subtracting it from CS. If you're amenable, write it up and submit it to the court for approval.
 
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CSO286

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

Divorced in April 2010. Son lives with my ex-wife. I pay Child Support to her and I also carry the Health Insurance Coverage for my son which I pay for fully. The issue is on the payment for Uncovered Medical Expenses.

Our Marital Settlement Agreement details that uncovered medical expenses are to be divided 50/50 between me and my ex-wife.

However, the question arises over interpretation of the following section in our MSA:

"Responsibility of any party for payment of health insurance, dental insurance, and/or Noncovered Health Care Expenses shall be
considered as payment towards any child support for purposes of enforcement. Husband shall receive an offset against any child support due and owing for all expenses, without exception, incurred for the care and maintenance of the minor child."

Does this indicate that the amount I pay for my half of the medical bills should be credited against what I owe for Child Support that month? For instance, if my normal payment is $800 a month, and I have paid $200 in Health Care Expenses this month, then I owe to my ex only $600 this month?What is the name of your state (only U.S. law)?


You know, I do read it like that, but it is also kind of contradictory. The unreimbursed/uninsured expenses are usually seperate. This is not usual.

Taken all the way down the line.....really, the CP could potentially end up owing NCP if those expenses exceed the obligation.

Seniors...your thoughts?
 

Gracie3787

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

Divorced in April 2010. Son lives with my ex-wife. I pay Child Support to her and I also carry the Health Insurance Coverage for my son which I pay for fully. The issue is on the payment for Uncovered Medical Expenses.

Our Marital Settlement Agreement details that uncovered medical expenses are to be divided 50/50 between me and my ex-wife.

However, the question arises over interpretation of the following section in our MSA:

"Responsibility of any party for payment of health insurance, dental insurance, and/or Noncovered Health Care Expenses shall be
considered as payment towards any child support for purposes of enforcement. Husband shall receive an offset against any child support due and owing for all expenses, without exception, incurred for the care and maintenance of the minor child."

Does this indicate that the amount I pay for my half of the medical bills should be credited against what I owe for Child Support that month? For instance, if my normal payment is $800 a month, and I have paid $200 in Health Care Expenses this month, then I owe to my ex only $600 this month?What is the name of your state (only U.S. law)?
That is very unusual wording. The best thing for you to do would be to take a copy to a local attorney for a consult to see what your options are.

You can get a low cost consult by calling the Florida Bar Lawyer Referral Service at 1-800-342-8011.
 

LdiJ

Senior Member
However, the question arises over interpretation of the following section in our MSA:

"Responsibility of any party for payment of health insurance, dental insurance, and/or Noncovered Health Care Expenses shall be
considered as payment towards any child support for purposes of enforcement.
I think that this part means that if mom has out of pocket expenses for medical and dental, and you don't pay your half, that its enforceable as child support.

Husband shall receive an offset against any child support due and owing for all expenses, without exception, incurred for the care and maintenance of the minor child."
I think this part means that if you incur any out of pocket expenses for medical and dental, and mom doesn't pay her half, that you can deduct HER half from your child support.

I agree however that its worded quite poorly. I would recommend getting that part clarified and modified in the court order. Unless of course you and mom can agree to what it means.
 

haiku

Senior Member
I think that this part means that if mom has out of pocket expenses for medical and dental, and you don't pay your half, that its enforceable as child support.



I think this part means that if you incur any out of pocket expenses for medical and dental, and mom doesn't pay her half, that you can deduct HER half from your child support.

I agree however that its worded quite poorly. I would recommend getting that part clarified and modified in the court order. Unless of course you and mom can agree to what it means.
I agree with this interpretation. Its very reminiscent of what hapened a few years ago in my husbands case-money owed him for the half of medical expenses he ended up having to pay, was ordered to be taken from the the child support payment he owed the ex, until it was paid. When the debt was officially paid the support went back up to the original court ordered amount.
 

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