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When are Health Care Expenses in 2014 Reasonable for Minors in a Paternity, Legal Separation or Divorce Case in San Diego?

What Is The Law Regarding Uncovered, Unreimbursed Medical, Dental, Orthodontic, Counseling And Vision Expenses In A San Diego Legal Separation, Divorce Or Paternity Case for Health Care?

In San Diego Superior Court, and it does not make a difference whether the parents were married such as in a legal separation or divorce or not married such as in a paternity case, the Judge will order the “mandatory add ons” for the support of the children. One issue, which is often contentious, is not just the base child support amount per the Disso Master but also other costs. These costs include, but are not limited to, vision, counseling, orthodontic, dental or medical among others. The law is that these are to be divided one half each absent a deviation from the San Diego Superior Court Judge,

What Is The Best Procedure For Payment And Reimbursement Under San Diego Law?

As disputes often arise over the payment and reimbursement, it is best to follow the Family Law Code in this respect. There are two Family Law Codes which are relevant: 4062 & 4063. The first code section lists the additional support amounts which include the above health care costs but also include child care related to reasonably necessary training for employment skills or education and also for employment. In addition, there may be orders for the special needs of the children or costs relating to educational needs. The Court also considers the costs for visitation for travel expenses. As to the procedure, make sure to use all available insurance first. If there is a co pay, or the coverage does not extend to the health care issue, then make sure to get a receipt. It is always best to use a credit card since easiest often to get this statement to show payment. The best procedure is to send the proof of payment within thirty (30) days of incurring the charge for the service and then ask for reimbursement within thirty (30) days of payment. This is consistent with California law.

What Common Issues Can Arise?

There are several common issues which can arise. First, a common issue is that the request for reimbursement was not made timely and that this creates an economic and financial hardship when hundreds or thousands of dollars are requested at once. To help solve this issue, follow the procedure of sending the proof of payment within the month period, as above, and keep records or course. Always review your court order to make sure that you understand what the order actually states. E mail is often recommended as this is free, instantaneous and also provides a transmittal record but you can fax or certified mail. It is advisable to have proof of sending since another common issue is that the payee claims they never received. Second, a common issue is taking the child to an “out of plan” health care provider. Many times, parents do not like the health insurance plan of the other parent, find it too restrictive or have some other basis on which they do not want to use the insurance plan. It is not advisable, legally, to take the minor children out of plan since the one who does this may well end up paying 100% and not 50%. If the plan does not cover, then this is another issue. Third, many parents believe in alternative health care providers for their children and for themselves such as chiropractic or acupuncture or others. Make sure, of course, that these health care services are not covered under the insurance plan. Since the law presumes that medical treatment is reasonably necessary, this places the burden to rebut the presumption on the parent who is seeking not to reimburse.

How Can A San Diego Family Law Firm Help You?

This is a complicated area as is family law. It is important to get accurate and up to date information on the current law in San Diego as well as court procedures. Doppelt and Forney, APLC can assist with a confidential and private virtual consultation in this area or other areas of family law in San Diego Superior Court. Make your appointment at their office to discuss the facts of your case.

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