Written by attorney Erika Salerno Shadowens

Medical Expenses and Child Care in Divorce

The usual requirement is that both parents maintain health care insurance coverage on the children that is available to them through their employment at a reasonable cost. In addition, parents will find that the Court requires that each parent contribute toward any uninsured health care expenses of the children on a pro rata basis determined by their respective earnings. Also, a parent may be required to help pay for childcare expenses of the other parent. These expenses are typically calculated on a pro rata basis after calculation of the day care credit allowed by the Internal Revenue Service for contribution to any child care costs for any child eleven (11) years or under. Furnishing your attorney with accurate information regarding your health care insurance carrier and costs, the name of the child care provider and the amount of child care being paid on an annual basis is critical to establishing the appropriate percentages and amounts to be paid by both parents.

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