Legal Question in Family Law in Utah
My autistic daughter recently turned 18. Her father is required to continue paying child support for her until her high school class graduates. (Spring 2010) He says he will no longer pay for half of her medical bills since she is 18 and our divorce decree is not specific on this point. Are the medical bills considered support as well? Or is he correct that he is no longer required to help with medical bills?
2 Answers from Attorneys
It depends on the language of the decree. If your daughter is highly limited and cannot function on her own in society, you might be able to get an order which extends the time for him to pay child support and medical expenses. This can be fairly complicated, and will also depend on her ability to qualify for SS or SSI etc.
His obligation to pay for one-half of your daughter's medical expenses lasts as long as his child support obligation. The payment of medical insurance premiums, medical expenses,and child care expenses are all considered under the statute as part of the total child support package along with the child support obligaiton itself. If he's refusing to pay you his share of the medical expenses, you can take him back to court to enforce the decree and get a judgment against him for the amounts owing.