Is it the father's obligation to pay half on medical copays, even though he is paying child support?

Question

Here's the situation: 2 people going through a divorce and they have one child. Though it's not final yet, both parties and lawyers have come to an agreement until the court date, as far as visitation, child support, etc.

He pays $440 a month for child support, and provides medical insurance for the child (and since they are still technically married, his medical insurance still covers her, as well.) They have agreed that, regarding the child, any medical expenses NOT covered by insurance would be split 50/50.

So my question is...when she takes the child to the doctor and has a copay, is the father obligated to pay half that copay? Or, would that fall under expenses she should pay with child support?

AZ_Mom: While I do agree with you that "she" is a greedy person, please note that "she" is not me. This is not my situation...just my question.

"The other woman". Well, ok. I guess if that's what you want to call me. We've been together for a year and a half...they've been separated for 2 and a half. She just had a baby by another man. But ok...call me "the other woman". She kept the child from him for 5 months until she finally had her new baby and lawyers stepped in to come to an "agreement" on visitation. I have a son of my own (the same age as theirs) and I pay all of his expenses, medical and otherwise, from the $365 his dad sends me every month.

I asked this question simply because I wanted to know what that answer was. Believe it or not, I do stay out of their divorce preceedings. In fact, that's why I asked my question on here instead of getting into it with "him". I just wanted an answer to my question...without getting into the middle of their situation.

Answer 1

You need to ask an attorney this question. In most states, yes, each one pays half the copay.

Good luck.

Answer 2

This is actually quite simple. But I'm going to answer it a few ways because there's information you are missing. In cases where they both provide insurance the children would have what's called primary and secondary insurance. In many cases the insurance company views the primary carrier based on date of birth, not who the child lives with as custodial parent. Okay, either way, IF the child is covered by both parents insurance there is no co pay. You do not pay co pay when you have dual coverage. You do however split the unpaid medical expenses after both insurance companies have paid everything they are going to pay. In our case we've never had to pay out of pocket, both insurance companies have always taken care of all that was due.

Okay, so that's the first thing. Are both parents providing insurance. If so, there is no co pay and they would split any unpaid balance.

In the case that one parent is providing insurance then they would split ALL medical/dental/optical/ortho/mental health coverage ONLY if the agreement says they do. And in most cases that is the situation. Just because a parent is getting child support does not mean that would cover medical expenses. Child support barely covers living expenses, music or sports, school needs, etc. The custodial parent ends up paying a ton more than the non custodial.

I know this because I've lived as both the custodial and non custodial step parent and I used to not like paying the child support. But once we got custody we realized just how expensive it is. So don't worry, $400 is very reasonable to begin with and secondly, it is common to split all the expenses.

Feel free to email me if you have more questions. It appears you are being attacked here which makes no sense. Your question is quite reasonable. Good Luck.

Answer 3

I have gone thur this situation and that law may various in each state, but in IL I was not obligated to pay half of co-payment that was covered under expensive of the child support. But I did have to pay 50 percent on thinks not cover under my health insurance, like for glasses and dental expensives. Talk with your the attorney.

Answer 4

Yes, this will also be split 50/50. that is a medical expense 'not covered by insurance' meaning...it has to come out of pocket - which will be split 50/50.
Is this your boyfriend that is going through the divorce? Have him also keep in mind - when doing his divorce... who gets to claim the child as a tax deduction??? that is something that might be overlook..but, if he could get her one year..and the mom the next year etc.... that could save you guys mega bucks if he could claim her sometimes----if its not in the paper..the mom will get her every year.

Answer 5

"They have agreed that, regarding the child, any medical expenses NOT covered by insurance would be split 50/50." That says it all right there. Co payment is that part NOT covered by the insurance...So that would split 50/50

Answer 6

As a parent, I think it would be a privilege for him to pay for ANYTHING with regards to his childs needs . He should want to pay for his childs needs. If he has to wait for someone (Judge, lawyer, etc. ) to tell him to or order him to then he is a loser and they are better off without him.

Answer 7

She pays half and he pays half.. its totally different then the actual child support

Answer 8

If 'she' isn't you, then why are you asking the question? Better if you stay out of someone else's marriage/divorce problems.

Unless of course, you're the "other woman" and don't want 'him' paying anymore than he has to.

Answer 9

You should pay it... he's providing the health insurance. My gosh... you sure do sound like a greedy person.

Answer 10

Such things should be detailed in the divorce settlement.