Posted by Nydia Streets of Streets Law in Florida Child Support

Parties can be ordered to split the costs of uninsured medical expenses for their children in Florida. However, if the terms of the parties’ parenting plan or other agreement puts restrictions on those reimbursements, those restrictions are usually strictly upheld. This is illustrated in the case Neighbors v. Neighbors, 1D18-3582 (Fla. 1st DCA October 24, 2019) in which the former husband appealed an order requiring him to partially reimburse the former wife for their child’s medical bill that was $60,000.00.

The parties entered a marital settlement agreement when they were divorced which stated they would be equally responsible for uninsured medical expenses. However, the agreement provided that if either party used a “non-approved provider” for a child’s medical expenses, the party doing so would be solely responsible for the expense unless he or she obtained written consent from the other parent for the treatment.

The parties’ child became ill and required medical attention. The former wife took the child to a provider that was not covered by the child’s health insurance provider. Despite this, the former wife allowed the child to be treated at this facility and a bill was incurred of $60,000. The former wife’s family paid the bill upfront, and some of it was reimbursed by insurance. The former wife then sought to have the former husband pay one-half of the remaining balance. The trial court found that the facility was not a “non-approved provider” because the insurance reimbursed some of the expenses, and it found the former husband consented to the treatment. The former husband appealed.

The appellate court reversed, holding “Here, neither of the trial court's findings is supported by any evidence in the record. In the health insurance field, insurance providers and HMOs routinely cover certain costs insured persons accrue from ‘non-network providers’ after the treatment has been completed and the insured has fronted the cost for the treatment. There was no evidence that appellant's health insurance treated the [facility] as an approved provider. Nor was there any evidence that appellant consented in writing to his daughter's treatment at the [facility] as required by the terms of the MSA. Accordingly, the trial court erred in ordering appellant to pay half of the [facility] medical expenses.”

Uncovered medical expenses can add up. This is why it is important that your Florida child support order contain provisions that adequately indicate each parent’s responsibilities with relation to such expenses. Schedule a consultation with a Miami child support lawyer to understand the best way to move forward in your case.