If my children are covered under my medical insurance plan, what are my responsibilities for medical expenses that are not covered by my coverage?
I have not been retained as your attorney so I cannot give you legal advice. However, I can offer some general information that may help you.
The answer to this question will depend on the current language of your divorce decree or whatever order from the court you have that states you are to keep the children under your health insurance plan. In the state that I am licensed to practice in, Arkansas, it is typical for divorce decrees/custody orders to contain language that stipulates what happens to any uncovered medical bills. Generally, the language in the order says it will be divided one-half by both parties.
If your order has language similar to this, then when you get the bill from the medical provider—assuming the bill is in your name—you can seek reimbursement from your ex-spouse for one-half the expense. As a practical matter, the medical provider will likely seek the fees from the parent whose name is associated with the bill. It will be up to the parent who gets the bill to seek reimbursement from the other.
If your order is absent as to any language regarding uncovered medical bills, then—if Massachusetts is similar to Arkansas—whoever’s name is associated with the bill will likely be responsible for paying it.
Dan Pearce is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell Planning Partners. He has written countless pieces on MensDivorce.com, detailing the plight of men and fathers going through the divorce experience, as well as the issues seniors and their families experience throughout the estate planning journey on ElderCareLaw.com. Mr. Pearce has managed websites and helped create content, such as the Men’s Divorce Newsletter and the YouTube series, “Men’s Divorce Countdown.” He also has been a contributor on both the Men’s Divorce Podcast and ElderTalk with TuckerAllen.
Mr. Pearce assisted in fostering a Cordell Planning Partners practice area specific for Veterans, as they deal with the intricacies of their benefits while planning for the future. He also helped create the Cordell Planning Partners Resource Guide and the Cordell Planning Partners Guide to Alternative Residence Options, specific for seniors with questions regarding their needs and living arrangements.