Getting Your Ex-Spouse to Pay for Medical Costs


Your divorce or child support case has been finalized. Either the court has issued an Order or you and your ex have reached an agreement specifying a formula to divide out of pocket medical expenses.  But exactly what does a custodial parent have to do to be reimbursed for medical expenses for your child from your ex.

A typical provision in a separation agreement and child support order would contain a provision similar to this one:

The parties shall each pay one-half of the child’s reasonable and necessary medical and dental expenses that are not reimbursed by insurance. The party incurring an out of pocket cost for the child’s health care shall provide the other parent with a copy of the medical bill, receipt or statement no later than thirty (30) days after such cost is incurred and the other parent shall reimburse the parent who incurred the expense within thirty (30) days of presentation of such proof of payment.

Below are three tips to assist you in receiving payment from your ex.

  • Be Diligent About Tracking Your Child’s Medical Expenses. As soon as your case is finalized track your child’s medical expenses and continue to follow through for each and every expense.
  • Open or Designate a Credit Card to be Used Solely Your Child. Use this credit card to pay for any expenses directly benefiting your child. Do not use this credit card for your personal or household expenses.
  • Open a Checking Account that is Used Solely for Your Child. Use this bank account to pay for any expenses related to your child.  Deposit child support and any other monies given to you by your child’s parent.  Do not use this bank account for any purchases or services that are not related to your children.

It is essential that you are able to document every item that you are requesting to be reimbursed.  The simplest way is to have a credit card and a checking account that is used solely for your child’s needs.  By keeping your other household and personal expenses separate, you will not be providing information about your personal spending habits to your ex, if you are required to produce these documents in court or through discovery.  It will be also much easier to insure that you are not leaving out any items are eligible for reimbursement.

Do you have legal questions? We’re here to help your family. Call us at 770-333-1620.

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