Pursuant to Utah Code 78B-12-212, the parties in a divorce case typically share equally all out-of-pocket costs of the children’s medical expenses. This includes things like co-pays, deductibles, uninsured expenses, and the children’s portion of the premium.
The children’s portion of the premium is a per capita share of the premium actually paid. The premium expense for the children is calculated by dividing the premium amount by the number of persons covered under the policy and multiplying the result by the number of children in the case.
If the parent who pays child support carries the medical insurance for the children, he or she will likely receive a credit against their child support for one-half of the amount of the children’s portion of the premium. This is to avoid the hassle of having the recipient parent cut a check each month for their share of the children’s insurance premium.
It is very important for the parent incurring medical expenses to promptly provide a copy of the bill to the other parent in order to receive reimbursement. This should always be done within no more than thirty days after the medical expense is incurred; otherwise, the parent may lose the right to recover for that particular medical expense.
If both parents carry health insurance for the children (double coverage), they should always designate which parent’s insurance will be primary and which will be secondary.
This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.