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Question:
Can I modify my child support agreement to include half of the medical expenses?
I carry medical insurance on her, he pays a 100 week one week, nothing the next week. Can I add that he pays half of medical bills or is that asking for too much?
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Answer:
You can seek modification of custody if there has been a significant change in circumstance (and, for more recent Orders, specifically if the income of either party has increased by 15% or more, or more than 3 years have passed since the Order was made or last modified).
Without knowing the provisions of your existing Order, how your current circumstances may or may not be different, or the precise incomes of the parties, it is impossible to assess whether the scenario you outline is reasonable. With that being said, health insurance premiums and unreimbursed medical expenses are considered “mandatory add-ons” under the Child Support Standards Act. That means that courts typically add these expense on to a person’s support obligation after basic support is calculated. Parties can choose to deviate from the CSSA if their reasons for doing so are articulated in the court order, and it is not uncommon, for example, for one parent to cover the cost of health insurance coverage, and the other parent reimburses or covers other expenses. Thus, in theory, what you are proposing may not be unreasonable at all.
I suggest that you consult with a local family court attorney who can, so that you can decide how best to proceed.
Are you seeking modifications to your child support agreement? If so, contact the experienced Saratoga Child Support Lawyer Jennifer Sunderlin.
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