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?
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.
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