Medical Expenses for Children After Divorce
Co-parenting after divorce can be challenging, and dealing with medical expenses adds another layer of complexity. If you live in Colorado, it's important to understand how medical expenses will be handled. This blog post will explain the basics of reimbursing medical expenses for divorced couples in Colorado in a way that is easy to understand.
What Are Medical Expenses?
Medical expenses include costs related to health care, such as doctor visits, prescription medications, surgeries, and dental care. It also includes things like mental health treatment, braces, and physical therapy. These expenses can add up quickly, making it essential to know how they will be managed after a divorce.
Child Medical Expenses
Colorado law requires both parents to share the costs of their children's medical expenses. Unless the parents agree otherwise, this is typically done in proportion to their incomes on the child support worksheet. In these blog post, we’ll cover reimbursement of out-of-pocket costs not covered by insurance, such as co-pays and deductibles.
How Is Reimbursement Handled?
If one parent is receiving child support, that parent is responsible for the first $250 each year in unreimbursed medical expenses. For example, Brenda pays $3,000 for her daughter’s braces. There is a court order that her husband, Bob, is to pay 60% of these expenses. Brenda is responsible for the first $250. Bob is responsible for 60% of $2,750 ($3,000 - $250 = $2,750). He must reimburse Brenda $1,650.
How Do I Get Reimbursed?
To ensure that medical expenses are reimbursed correctly, it's crucial to keep detailed records. Here are some steps you can follow:
1. Keep Receipts: Always save receipts and bills for any medical expenses you spend for your children.
2. Communicate: Inform the other parent or spouse about the expenses as soon as possible. Send a copy of any estimates you receive.
3. Submit Claims: Once you have paid the expense, send a copy of the receipt and proof of your payment to your co-parent. Also include a request for reimbursement, and the amount. For example, in the above scenario, Brenda will need to provide Bob with a receipt, proof of her payment, and a request for $1,650.
Check your Parenting Plan to see if there is a deadline for reimbursement. Some Parenting Plans require the other parent to reimburse the expense within 30 to 60 days.
4. Document Payments: Keep a record of any payments made or received for medical expenses.
Make Sure to Submit Reimbursement Requests on Time
In 2023, the Colorado legislature added specific language to the child support statute about reimbursement of medical expenses. The statute provides a default if the Parenting Plan does not have any reimbursement procedures.
A parent seeing reimbursement has to submit the request within a reasonable time. At a minimum, the parent must request reimbursement by July 1st of the following year. For example, in the above scenario, Brenda paid for her daughter’s braces on August 1, 2023. She has until July 1, 2024, to request reimbursement. If she does not request reimbursement by July 1, 2024, she can no longer ask for reimbursement.
If the Parenting Plan does not give a timeframe for reimbursement, the parent who receives a reimbursement request has 49 days to pay the expense or agree on a payment arrangement with the other parent. If the parent receiving the request does not do so within 49 days, the other parent can file a Motion for Judgment, and ask the Court to order the reimbursement to be made.
Legal Assistance
Navigating the reimbursement of medical expenses during and after a divorce can be challenging. It may be helpful to seek legal advice to understand your rights and obligations. A family law attorney can help you negotiate terms and ensure that any agreements are fair and legally binding.
By keeping accurate records and communicating effectively, you can manage medical expenses more smoothly during this difficult time. If you have any doubts or need assistance, I’m here to help.