Parents who divorce in Michigan remain responsible for their children’s medical needs, including uninsured costs. These expenses include any medical bills not covered by the child’s health insurance coverage, such as copays, deductibles, and treatments not in the plan. Michigan courts account for these expenses as part of child support orders to ensure parents consistently meet their children’s health care needs.
Disputes can occur if one parent feels the other has not contributed fairly to the child’s medical bills and other health care expenses. Disagreements commonly arise over the timing of reimbursements, whether certain expenses qualify as necessary medical costs, and failure to provide proper documentation. To reduce conflict, Michigan courts specify how parents should share uninsured medical costs in child support orders.
How Are Uninsured Medical Expenses for a Child Divided?
Michigan courts divide uninsured medical expenses between parents based on their income shares. The Michigan Child Support Formula Manual calculates each parent’s percentage of the family’s total income. The court then applies this percentage to determine how much of these costs each parent must cover.
The child support order assigns a fixed annual amount for ordinary medical expenses. These include common costs like copays and small out-of-pocket fees. The parent paying support contributes their share of these costs through monthly payments. If actual expenses exceed this annual amount, courts classify them as extraordinary and allocate them according to each parent’s income percentage.
Parents must document costs that exceed the ordinary threshold to seek reimbursement. The requesting parent must meet specific legal criteria, including providing proof of spending, for enforcement.
What Happens If the Other Parent Doesn’t Pay the Child’s Medical Costs?
If a parent fails to pay their share of a child’s uninsured medical expenses, the other parent has options to enforce payment. Michigan law allows the parent seeking reimbursement to request enforcement through the Friend of the Court (FOC). To begin the process, the requesting parent must provide proof of the expense and show that they demanded payment within 28 days of receiving a denial or final insurance payment.
If the non-paying parent continues to ignore the obligation, the FOC can enforce the unpaid amount as a child support arrearage. This might involve income withholding, garnishment, or other legal actions. The requesting parent can also file a motion with the court to address the issue if the non-payment persists.
How Are a Child’s Extraordinary Medical Expenses Managed?
Extraordinary medical expenses are costs that exceed the annual amount set for ordinary medical expenses in a child support order. Examples include significant procedures, ongoing therapies, orthodontic treatments, or any other high-cost medical needs not covered by insurance.
Michigan courts divide these expenses between parents based on their income percentages, as outlined in the child support order. If disputes arise, the court resolves disagreements about whether an expense qualifies as extraordinary. Michigan’s Friend of the Court can assist in enforcing payment if one parent fails to comply.
Get Help Ensuring the Other Parent Pays Their Fair Share of Your Child’s Medical Expenses
You can take legal action if your child’s other parent refuses to pay their share of uninsured medical expenses. You can seek enforcement through a Friend of the Court or file a motion with the court to resolve the issue. Kraayeveld Family Law can guide you through this process and protect your rights every step of the way.
or call (616) 253-9354
Contact us online or call (616) 253-9354 today for an initial consultation to discuss how we can help you get the support you need.
