Does Child Support Cover Medical Expenses?
After a divorce, a child support order sets the amount paid each month from one parent to the other. Typically, medical costs are part of that order, and parents must make certain decisions about how to use insurance and other coverage options. Yet when a child has extraordinary bills, how does child support cover medical expenses?
A Broomfield child support lawyer from Danielsen Westhoff explains what you need to know about Colorado law and how family courts handle the best interests of the child after divorce.
Child Support Covers Medical Bills, Including Insurance Premiums
Under Colorado Revised Statutes § 14-10-115, the custodial parent uses part of their child support payments to pay for any medical costs that aren’t covered by health insurance. The custodial parent is responsible for the first $250 of non-covered costs in a year.
Anything that exceeds $250 falls into the “extraordinary expenses” category, and may include:
- Braces or other orthodontic care
- Physical therapy
- Vision care, including eyeglasses and contacts
- Surgery
- Respiratory treatments
- Any chronic health condition
The custodial parent uses part of the child support payment to cover out-of-pocket medical costs. They can use it to pay for insurance premiums, unless the non-custodial parent’s insurance covers the children. Parents can decide for themselves which parent’s insurance policy is best for their family.
Handling Extraordinary Costs That Insurance Doesn’t Cover
If a child has high medical needs, insurance may not pay for everything, leaving the parents with large bills. Instead of placing the burden on only one person, parents can work out how to divide the costs. One option might be to split the costs as they occur, especially if the child is generally healthy and doesn’t experience many health issues.
If a child has recurring medical concerns that aren’t covered by insurance, another option is for the non-custodial parent to add their portion of the costs to the monthly child support payment. The custodial parent may wish to petition the court to amend the child support order to make this official if they expect the costs to be uniform and ongoing.
A third possibility is for both parents to carry health insurance or apply for Medicaid (called HealthFirst Colorado in CO) to absorb more of the costs. If one parent is reluctant to purchase coverage, the court may order them to do so. Parents can then share co-pays or other out-of-pocket expenses, according to their income.
Your Income Determines How Much You Pay for Child Support and Extraordinary Medical Costs
When you have medical expenses for your child that exceed what insurance covers and the $250 annual threshold, the court uses each parent’s adjusted gross income to determine what they must pay. This is also how the judge determines child support in Colorado for the non-custodial parent. If you get a raise, what you pay may change if the other parent asks the court to amend the child support order.
If you have questions about what child support covers, contact us at Danielsen Westhoff, PC, to arrange a consultation with a child support attorney. Our team looks forward to helping you.