Form FL-192 Notice of Rights and Responsibilities: Health-Care Costs and Reimbursement Procedures summarizes the procedure for requesting reimbursement for a child’s uninsured health-care costs.
If you have a child support order that includes a provision for the reimbursement of a portion of the child’s health-care costs and those costs are not paid by insurance, the law says:
- Notice: You must give the other parent an itemized statement of the charges that have been billed for any health-care costs not paid by insurance. You must give this statement to the other parent within a reasonable time, but no more than 30 days after those costs were given to you.
- Proof of Full Payment: If you have already paid all of the uninsured costs, you must (1) give the other parent proof that you paid them, and (2) ask for reimbursement for the other parent’s court-ordered share of those costs.
- Proof of Partial Payment: If you have paid only your share of the uninsured costs, you must (1) give the other parent proof that you paid your share, (2) ask that the other parent pay his or her share of the costs directly to the health-care provider, and (3) give the other parent the information necessary for that parent to be able to pay the bill.
- Payment by Notified Parent: If you receive notice from a parent that an uninsured health-care cost has been incurred, you must pay your share of that cost within the time the court orders; or if the court has not specified a period of time, you must make payment (1) within 30 days from the time you were given notice of the amount due, (2) according to any payment schedule set by the health-care provider, (3) according to a schedule agreed to in writing by you and the other parent, or (4) according to a schedule adopted by the court.
- Disputed Charges: If you dispute a charge, you may file a motion in court to resolve the dispute, but only if you pay that charge before filing your motion. If you claim that the other party has failed to reimburse you for a payment, or the other party has failed to make a payment to the provider after proper notice has been given, you may file a motion in court to resolve the dispute. The court will presume that if uninsured costs have been paid, those costs were reasonable. The court may award attorney fees and costs against a party who has been unreasonable.
For assistance with your request for reimbursement of uninsured health-care costs, contact Ventura family law attorney Christine Nguyen Thomas for a consultation. We serve the Ventura County area, including the cities of Santa Paula, Fillmore, Moorpark, Simi Valley, and Thousand Oaks. Call (805) 351-8866 for an appointment.