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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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My ex is taking my daughter to a counselor out of my insurance

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My ex is taking my daughter to a counselor out of my insurance network so the coverage goes from $25 copay to 50%. Do I still have to pay the full amount of my percentage on medical? Or can I pay the amount it should have been if he went with network provider. Also, he sent me all the papers to fill out for her, including financial responsibility. I have never asked him to fill out paperwork when I take the kids to a healthcare provider, figured I am responsible and its my problem to recoup money from him. Which is another question...on my divorce decree, it doesn't actually say the percentage. If I figure out the percentages of each of our income to the total, will that be the right amount?
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Unless you divorce decree include a statement about using in Network providers then you need to pay the percentage of the total out of network medical expense. Your ex of course also gets to pay a portion. Usually decrees indicate that uncovered medical expenses are to be shared in some manner. Many times words similar to "equally responsible" are used.

As far financial responsibility you are not obligated to complete that form. The party taking the child to the doctor should pay the bill and get reimbursed for a portion the amount due. Again normally the divorce order will state that receipts are to be exchanged and payment made in a timely manner or with an established time frame e.g. 30 days. It is unlikely a doctor's office will split the bill between the parents.

With respect to how much you pay if the order says parents are to split the unreimbursed amounts that usually implies a 50/50 split of costs. Some courts do divide amounts parents pay by the ratio of their incomes at the time of the divorce. It is not intended to be a number that is calculated after the divorce is finalized. The fact the percentages are not identified in your decree leads me to believe the intent was an even split of the costs.

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).

Customer: replied 3 years ago.

It says according to the child support worksheet. But there are no percentages on there, just income. I know I have to pay the first 6% of our portion and then I think it is 75/25% split with me paying the 75%. This is why I am more concerned about the cost of non network provider.

The child support worksheet uses a percentages calculation at some point to compute the support due so if it 75/25 that is what you need to pay.

Unless you have in the parenting plan or support order that network providers must be used there is no way to prevent your ex from using non - network providers. The added cost to your ex for using a non network providers should be an incentive not to use them.

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).

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