Medical expenses and child care expenses

[lsides]

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

I have been legally separated from my husbanad for about six months (actually separated for 19 months) in the state of CA. He has always paid my medical insurance which I understand will stay in place until a divorce is final. What about my out-of-pocket medical expenses? I had two medical procedures last year that weren't completely covered by insurance and cost me about $2,000. What about dental work? We never had dental insurance.

Also, our agreement states what portion of child support is for support and what portion is for child care (daycare). Now he says that he over paid me in 2010 on the child care portion and wants me to pay him back. Can he do that?

 

[Zigner]

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

I have been legally separated from my husbanad for about six months (actually separated for 19 months) in the state of CA. He has always paid my medical insurance which I understand will stay in place until a divorce is final. What about my out-of-pocket medical expenses? I had two medical procedures last year that weren't completely covered by insurance and cost me about $2,000. What about dental work? We never had dental insurance.

Why SHOULD he pay your out-of-pocket expense? Heck, why SHOULD he pay for your medical insurance at all?

Also, our agreement states what portion of child support is for support and what portion is for child care (daycare). Now he says that he over paid me in 2010 on the child care portion and wants me to pay him back. Can he do that?

Of course he can. Seems to me that you should have OFFERED to repay anything over the daycare expenses.

 

[Antigone*]

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

I have been legally separated from my husbanad for about six months (actually separated for 19 months) in the state of CA. He has always paid my medical insurance which I understand will stay in place until a divorce is final. What about my out-of-pocket medical expenses? I had two medical procedures last year that weren't completely covered by insurance and cost me about $2,000. What about dental work? We never had dental insurance.

Also, our agreement states what portion of child support is for support and what portion is for child care (daycare). Now he says that he over paid me in 2010 on the child care portion and wants me to pay him back. Can he do that?

He is paying your medical insurance. Unless he agreed to pay your medical expenses, then you are on the hook for those.

 

[lsides]

Maybe he should payd for my medical insurance because it IS THE LAW! Maybe he should pay at least 1/2 of my out of pocket medical expenses because IT IS THE LAW! and he makes more than triple what I make.

I would have adjusted the child care at the time IF I KNEW it had changed! When this started he was UNDER paying me! I never asked him to pay the difference.

You must be a man, because only a
divorced man woiuld be so callous.

 

[stealth2]

Maybe he should payd for my medical insurance because it IS THE LAW!

Actually, yes, he can't change insurance coverage while the divorce is pending.

Maybe he should pay at least 1/2 of my out of pocket medical expenses because IT IS THE LAW! and he makes more than triple what I make.

I'd like to see a cite for this. As far as I know - you are mistaken.

You must be a man, because only a
divorced man woiuld be so callous.

Cool down if you want further help.

 

[Zigner]

Maybe he should payd for my medical insurance because it IS THE LAW!

Please post the law you are referring to.

Maybe he should pay at least 1/2 of my out of pocket medical expenses because IT IS THE LAW!

Please post the law you are referring to.

and he makes more than triple what I make.

If there's a law, then the income discrepancy would likely be referred to.

I would have adjusted the child care at the time IF I KNEW it had changed! When this started he was UNDER paying me! I never asked him to pay the difference.

He is more financially savvy than you - as evidenced by the income disparity and the fact that he pays attention to where his money is coming from and going to.

You must be a man, because only a
divorced man woiuld be so callous.

I'm sorry - I thought you came here for accurate legal advice. Apparently, you were looking for warm and fuzzies. That forum is down the hall and to the left...

 

[stealth2]

I'm sorry - I thought you came here for accurate legal advice. Apparently, you were looking for warm and fuzzies. That forum is down the hall and to the left...

To the right, actually.

 

[CSO286]

Maybe he should payd for my medical insurance because it IS THE LAW! Maybe he should pay at least 1/2 of my out of pocket medical expenses because IT IS THE LAW! and he makes more than triple what I make.

I would have adjusted the child care at the time IF I KNEW it had changed! When this started he was UNDER paying me! I never asked him to pay the difference.

You must be a man, because only a
divorced man woiuld be so callous.

Please cite your source.
I would like to know where it says that the husband is legally responsible for your insurance premiums and your medical expenses.

 

[Zigner]

Actually, yes, he can't change insurance coverage while the divorce is pending.

OP stated they are legally separated. OP referred to things remaining in place until the divorce is final, but didn't actually say there was a divorce case pending. That is why I answered as I did.

 

[Antigone*]

To the right, actually.

Actually you are both right. Warmfuzziesrus.com is to the right and whinersanonymous.com is to the left.

 

[lsides]

I came here looking for accurate legal advice, not to be disparaged.

Here is the LEGAL info so that in the future you can be informed and not so judgemental:

Family Code Section 2623. Debts incurred by either spouse after the date of separation but before entry of a judgment of dissolution of marriage or legal separation of the parties shall be confirmed as followsa) Debts incurred by either spouse for the common necessaries of life of either spouse or the necessaries of life of the children of the marriage for whom support may be ordered, in the absence of a court order or written agreement for support or for the payment of these debts, shall be confirmed to either spouse according to the parties’ respective needs and abilities to pay at the time the debt was incurred. (b) Debts incurred by either spouse for nonnecessaries of that spouse or children of the marriage for whom support may be ordered shall be confirmed without offset to the spouse who incurred the debt.

Therefore, your husband can be required to pay your medical out of pocket expenses.

If there has been an overpayment of child support, he can get a credit against future support. However it is not mandatory. Generally, any overpayment is considered a gift, which is why it's important to frequently monitor payments.

 

[Zigner]

I came here looking for accurate legal advice, not to be disparaged.

Here is the LEGAL info so that in the future you can be informed and not so judgemental:

Family Code Section 2623. Debts incurred by either spouse after the date of separation but before entry of a judgment of dissolution of marriage or legal separation of the parties shall be confirmed as followsa) Debts incurred by either spouse for the common necessaries of life of either spouse or the necessaries of life of the children of the marriage for whom support may be ordered, in the absence of a court order or written agreement for support or for the payment of these debts, shall be confirmed to either spouse according to the parties’ respective needs and abilities to pay at the time the debt was incurred. (b) Debts incurred by either spouse for nonnecessaries of that spouse or children of the marriage for whom support may be ordered shall be confirmed without offset to the spouse who incurred the debt.

Therefore, your husband can be required to pay your medical out of pocket expenses.

If there has been an overpayment of child support, he can get a credit against future support. However it is not mandatory. Generally, any overpayment is considered a gift, which is why it's important to frequently monitor payments.

Great! Thanks for posting the law that actually DISPROVES your prior statement.

Now, perhaps it would help to clear things up if you told us whether or not there is actually a pending DIVORCE case in your situation.

 

[Ohiogal]

Maybe he should payd for my medical insurance because it IS THE LAW! Maybe he should pay at least 1/2 of my out of pocket medical expenses because IT IS THE LAW! and he makes more than triple what I make.

I would have adjusted the child care at the time IF I KNEW it had changed! When this started he was UNDER paying me! I never asked him to pay the difference.

You must be a man, because only a
divorced man woiuld be so callous.

Quote the statute. And NO I am NOT male. If I were, my husband would be surprised. It is NOT a law that he should pay 1/2 of your out of pocket for YOUR MEDICAL. So please quote what you believe confines him. How much of HIS out of pocket have you paid?

 

[Ohiogal]

I came here looking for accurate legal advice, not to be disparaged.

Here is the LEGAL info so that in the future you can be informed and not so judgemental:

Family Code Section 2623. Debts incurred by either spouse after the date of separation but before entry of a judgment of dissolution of marriage or legal separation of the parties shall be confirmed as followsa) Debts incurred by either spouse for the common necessaries of life of either spouse or the necessaries of life of the children of the marriage for whom support may be ordered, in the absence of a court order or written agreement for support or for the payment of these debts, shall be confirmed to either spouse according to the parties’ respective needs and abilities to pay at the time the debt was incurred. (b) Debts incurred by either spouse for nonnecessaries of that spouse or children of the marriage for whom support may be ordered shall be confirmed without offset to the spouse who incurred the debt.

Therefore, your husband can be required to pay your medical out of pocket expenses.

If there has been an overpayment of child support, he can get a credit against future support. However it is not mandatory. Generally, any overpayment is considered a gift, which is why it's important to frequently monitor payments.

NOne of this means that hubby is responsible for copays for your medical care. He is NOT responsible for all your bills after separation quite frankly. YOu may find yourself on the hook for your own copays.

 

[anapr]

Maybe he should payd for my medical insurance because it IS THE LAW! Maybe he should pay at least 1/2 of my out of pocket medical expenses because IT IS THE LAW! and he makes more than triple what I make.

You must be a man, because only a
divorced man woiuld be so callous.

Argh. Where's Bali when you need him?
OP, you come off as an entitled, spoiled, codependent mess. And if you're so "certain" IT IS THE LAW! then why are you asking for legal advice?