Legal Question in Family Law in New Hampshire
Medical Copayments
Is it legal for a medical/dental healthacare provider to bill a divorced non-custodial parent for a copayment charge incurred by the custodial parent? Our divorce decree states our medical copayment shall be split 50/50.
1 Answer from Attorneys
Re: Medical Copayments
Your divorce decree is between you and your spouse. The insurance carrier and the doctors are not part of your divorce. Generally, the insurance company bills the party who holds the insurance. It is up to the parties to deal with the split of co-payments and uncovered insurance items. You may wish to ask the health care provide if they can split the bill, but I doubt they will be favorably inclined.
To more fully respond, I'd need to examine your divorce decree. Depending upon when it was issued, there may be differing rights and responsiblities as the court no longer awards "custody" in divorce decrees.
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