Which parent is required to pay for a child’s uncovered medical expenses?
When we speak to uncovered medical expenses, we are referring to those medical bills which a child’s health insurance does not cover. This can be either the deductible, co-payments, etc. Parents often come to an agreement regarding who will be responsible for uncovered medical expenses. Many times such expenses are equally split between the two. However, what happens when an agreement cannot be reached?
Florida statute § 61.30(8) provides that these expenses can be added to the basic child support obligation of the parents. Any uncovered medical, dental, and prescription medication expenses of the child, shall be added to the basic obligation unless these expenses have been ordered to be paid separately on a percentage basis. Psychological expenses have been found to be included. The court in Henderson v. Lyons held that a parent’s responsibility for a child’s medical expenses includes those expenses that have been incurred for reasonable psychological care.
The percentage of uncovered medical expenses that each parent will be responsible for is based on their respective income. Naturally, the parent whose income is higher will pay a higher percentage. However, a parent does have the right to challenge the necessity and reasonableness of the medical expense and his or her ability to pay for it.