QUESTION

How should parents split insurance deductibles for a child?

Asked on Jan 30th, 2014 on Child Custody - Rhode Island
More details to this question:
Our custody order states that we split expenses 50/50 for our son. However, my ex switched her insurance, to save her husband money, which carries a much higher deductible, but it is now a family deductible instead of an individual. She wants me to pay 50% of the full family deductible. I offered to split 50% of 1/4 due to there being 4 people on their family plan. She says no, it's 50% of the full or she's taking me to court? Is this fair and do I have to pay deductible that covers her and her husband?
Report Abuse

4 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
Update Your Profile
I think that if she takes you to court, she will find that you are right and she is wrong. Tell her to consult with a local attorney before taking action because it will save you both a lot of money in the long run.
Answered on Feb 03rd, 2014 at 11:34 PM

Report Abuse
You should be speaking with either the attorney that represented you in this matter, or at least a local family law attorney to discuss this matter. In Arizona the general rule is that you would pay 50% of any out of pocket expense specifically relating to you common child. Thus if there was a $50.00 copay, once your are provided with evidence that she paid that copay then you should be reimbursing her $25.00. How this type of issue is handled varies from jurisdiction to jurisdiction, hence the recommendation that you speak with local counsel.
Answered on Feb 03rd, 2014 at 11:34 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
See an attorney but it would seem you are on the correct side of this one but may need the order clarified.
Answered on Feb 03rd, 2014 at 11:33 PM

Report Abuse
Personal Injury Attorney serving San Antonio, TX at Law Offices of James P. Peterson
Update Your Profile
Its 50% for each child only.
Answered on Feb 03rd, 2014 at 11:33 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters