QUESTION

Do I have to pay copay?

Asked on Dec 29th, 2012 on Child Custody - Colorado
More details to this question:
I pay for health insurance out of pocket my job does not offer it, but my ex is saying I have to pay the copay and whatever is left that insurance doesn't cover just wanted to know my rights on the matter.
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11 ANSWERS

Legally each party is supposed to pay one-half of uncovered health care (copays). However, if you have to pay for all the insurance costs that seems unfair, depending on the cost. You may want to try to change the order so that she pays 1/2 of the premium as well - have an attorney run the numbers to see whether you could win on this.
Answered on Jan 09th, 2013 at 1:38 PM

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The terms of the court order should spell out who pays what. I suggest you consult a lawyer.
Answered on Jan 08th, 2013 at 8:09 AM

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Family Law Attorney serving Brunswick, GA at Vincent D. Sowerby
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Your divorce decree or separation agreement ought to have the answer in it.
Answered on Jan 08th, 2013 at 7:24 AM

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Family Law Attorney serving El Cajon, CA at Law Offices of Sheryl S. Graf
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I get a lot of calls on this topic. A lot of people confuse payment of the insurance premium with payment of the insurance co-pay expense. As to payment of the insurance co-pay expense, you would have to check your current child support orders to see what the court ordered about payment of "uninsured health care costs" (meaning co-pay, deductible, or any other out-of pocket medical, dental, prescription, optometric, or orthodontic expense) for your child. Typically, the court orders that you reimburse the other parent for one-half of these expenses upon receipt of proof of payment of the expense. For co-pays, typically this means a receipt showing the date of service, the name of the doctor/provider, the name of the patient/child, type of service, and dollar amount paid. The other parent should provide you with reasonable notice (usually within 30 days of incurring the expense), and you should reimburse your 50% share in a reasonable period of time (usually within 30 days after receiving the appropriate proof). The same reimbursement procedure applies to any necessary daycare expenses. The cost of the insurance premium is a factor that goes into California's "Guideline" child support formula. Unlike the 50/50 sharing of medical expenses, the cost of the monthly insurance premium is typically paid entirely by one parent (who gets credit for having this expense in the child support formula). You may want to consult with an attorney experienced in family law to re-calculate monthly child support based on your current circumstances. If you are the payor, you may be entitled to a reduction. If you are the recipient, you may be entitled to an increase.
Answered on Jan 08th, 2013 at 7:21 AM

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That should be set out in your Court Order for payment of unreimbursed medical expenses. Generally they are split 50/50.
Answered on Jan 08th, 2013 at 6:03 AM

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Check your court orders, that should outline everyone's obligations. In California, if you pay for insurance out of pocket, that amount is considered when awarding child support, so there is no obligation for reimbursement from the other parent. However, normally all uninsured medical costs and co-pays should be split 50/50 between the parents.
Answered on Jan 08th, 2013 at 5:57 AM

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Depends what your child support order says.
Answered on Jan 08th, 2013 at 5:56 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You need to look at your custody order, but generally each parent is responsible for one-half the extra medical costs associated with their children.
Answered on Jan 08th, 2013 at 5:51 AM

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Family Law Attorney serving Petaluma, CA at Law Office of Erin Farley
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Check your order. In general, out of pocket costs for children are split 50/50; if it's your own health care, likely you pay all of the co-pay.
Answered on Jan 08th, 2013 at 5:50 AM

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Family Law Attorney serving Chandler, AZ
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It depends on what your court orders state regarding the division of out-of-pocket medical expenses.
Answered on Jan 08th, 2013 at 5:50 AM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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Unless there is a court order that answers your question, it isn't possible to give you an answer without more information. If there is no court order requiring you to provide health insurance, there is no answer to your question other that whatever you and the mother agree. If you can't agree, you need to get a court order stating who pays what. If you are not now paying court order child support, it would be in your best interest to agree to pay all the co-pays and deductibles because that is almost certainly less than what court ordered child support will be.
Answered on Jan 07th, 2013 at 2:48 PM

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