Child Care and Medical Expenses in Utah Divorce Actions

Both parents are responsible for the care of their children.  Neither has any more responsibility than the other.  The Utah Legislature recognizes this fact and has set forth in statute what parents are required to do with regards to child care and medical expenses.

Medical Expenses

In nearly every divorce case the court will require that the parents maintain health insurance for the parties’ children if it is available at a reasonable cost.  What “reasonable” means is debatable.  Health insurance is so expensive as is that it is unclear whether “reasonable” has any meaning at all.

Both parties must pay half of the out of pocket costs of the premiums paid and the out of pocket expenses for any medical treatments such as copayments and deductibles.  A party who pays child support and also provides the medical insurance will get a credit for money paid toward the medical premiums, which means he can deduct the other parent’s share from his child support payment.

The parent who provides the insurance or incurs medical expenses must provide verification to the other parent of such amounts paid within 30 days of incurring the expense.  The verification requires that parent to then reimburse the other parent for his 1/2 of the cost.

Child Care

Parents are also equally responsible to cover the costs of child care.  When it comes to child care the party who incurs the expense simply has to present proof of the expense to the other spouse and then that spouse has to reimburse automatically monthly thereafter.  The spouse who pays the child care provider directly has to give notice to the other spouse within 30 days of the change.  A failure to provide the notice within the 30 day time period can result in a sanction preventing that spouse from recovering.

You may have a bunch of questions about expenses related to your children and what responsibility you and your spouse have to cover those costs.  If you are looking for legal representation regarding a Utah divorce matter, call us anytime for a free consultation.

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