Legal Question in Family Law in California

My child support agreement states the following regarding the children's medical:

�THE HUSBAND HAS MEDICAL BENEFITS AFFORDED TO HIM AS AN INCIDENT OF HIS EMPLOYMENT. THE PARTIES SHALL BE EQUALLY RESPONSIBLE FOR ANY UNREIMBURSED PORTION OF A MEDICAL, DENTAL, OR ORTHODONTIC BILL INCURRED ON BEHALF OF ANY OF THEIR MINOR CHILDREN.�

I used to have medical insurance premiums paid for by my family by my previous employer. I now have medical coverage for myself only provided through my current employer. My out of pocket premiums are now $160 per month for the two children in question. Would my former spouse be responsible for paying for half of the $160 medical premiums according to the clause is our child support agreement?


Asked on 12/27/10, 5:45 pm

2 Answers from Attorneys

No. That is not a "medical, dental, or orthodontic bill." You need either to get an agreement with your ex for a modification due to your change in circumstances, or if she refuses, file a motion to modify the order.

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Answered on 1/01/11, 6:15 pm
PATRICK MCCRARY PATRICK MCCRARY

The insurance premium is not out of pocket medical costs. The premium would be a factor in calculating your child support and you may wish to have a professional make that calculation. Good Luck, Pat McCrary

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Answered on 1/03/11, 1:28 pm


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