When parents get divorced, one parent typically pays child support to the other parent that is used to cover day to day expenses, including food, clothing, and housing. However, medical expenses are unpredictable and can be higher than the child support amount. This article will explain how parents will pay for their child’s medical expenses after divorce.

How Are Everyday Medical Costs Are Counted?

According to Maryland child support law, every child has the right to receive proper financial support from both parents, even if parents are divorced and the child lives with one of them.

When it comes to the costs of a child’s health insurance premiums, child support in Maryland is designed to cover basic medical costs. A family court judge may order either parent to provide health insurance for a child. Thus, if one parent is paying for the child’s health insurance, that is factored into the child support calculation.

How Are Uninsured Medical Costs Of a Child Calculated?

Unfortunately, not all medical expenses are fully covered by health insurance. There are certain out-of-pocket costs, such as co-pays, prescription drugs, glasses, braces, and visits to specialists. According to Maryland child support law, these expenses are considered “extraordinary”, and they work more like a deductible. Based on House Bill 742, extraordinary medical expenses are uninsured medical costs for medical care in excess of $250 a year. House Bill 742 also added vision care to the list of covered child-only health insurance costs. This means that the child support recipient is responsible for covering the first $250 per year before the other parent starts contributing. If one parent is advancing these expenses, they are provided a “credit” when calculating the guidelines.

Previously (before October 1, 2019), the definition of “extraordinary medical expenses” was different. They were defined as uninsured expenses over $100 for a single illness or health condition”. That definition was confusing because it was not clear what is exactly constituted as a single illness or health condition.

What About The Failure To Pay For Uninsured Medical Costs?

The failure to pay for the child’s uninsured medical costs has the same penalties as the failure to pay regular child support. These penalties may include the following:

• License revocation. Unpaid child support, including unpaid uninsured medical expenses, can be reported to the MVA, which can lead to the driver’s license suspension.
• Property seizure. Property can be seized by court order of a person who owes child support.
• Garnishment of wages. The Office Of Child Support Enforcement has the right to submit a Wage Garnishment Order to garnish wages for unpaid child support, including income, unemployment benefits, worker’s compensation wages, etc.
• Garnishment of bank accounts. If a parent is not paying for uninsured medical costs, the Office of Child Support Enforcement will go after their savings and checking bank accounts. Joint accounts held with another person are not protected from garnishment.
• Tax return interception. Both federal and state tax returns can be intercepted to cover unpaid child medical expenses. If a parent is not paying child support and is expecting a tax refund, the refund will be sent directly to the Office of Child Support Enforcement.
• Interception of lottery winnings. If a parent hit Powerball, Mega Millions, or any other lottery winnings that has to be submitted to the Maryland Lottery to receive money, the lottery office will first check that this person is not on the list of unpaid child support.
• Denial of issuing a passport. A parent owing child support may not be able to receive or renew the passport that is needed in order to travel overseas.

Law Office of Robert Castro –  Divorce Attorney in Waldorf MD (Divorce Attorney Waldorf MD) 

If you are going through a divorce or child custody agreement, it is important to understand your legal rights the right of your child and create a plan for future scenarios. If you are currently discussing the child’s medical bills with your ex-spouse and cannot reach an agreement, it is important to consult a professional and experienced divorce lawyer.

If you are looking for a divorce attorney in Waldorf MD or any other nearby town, do not hesitate to contact the Law Office of Robert Castro. Robert Castro is one of the most highly qualified divorce lawyers in Waldorf MD. He is a great divorce lawyer in Waldorf who has already helped hundreds of people and is ready to help you.

If you have any questions, feel free to check our website or call us to schedule your first consultation with a Waldorf divorce mediation attorney.