My question involves a child custody case from the State of: NJ
In our divorce decree it states that "The parties shall share the children's uncovered medical, dental and prescriptive costs on a 50/50 basis."
I'm the custodial parent and have sent the non-custodial parent a copy of the bills/receipts for the first quarter of the year ( as stated to do in our agreement). He responded to me and said that it is NJ Law that the custodial parent pays the first $250 of unreimbursed medical expenses per year so he doesn't have to pay it until is reaches $250.
I was reading and saw that he is correct that this is what usually happens... However, I also read that if the divorce decree has another agreement then that it supersedes the NJ mandate. So I interpreted that as we split all the medical expenses 50/50 from the first $1 but he says I'm wrong.
In the decree, it does not say anything about anyone being responsible for the first $250. The only thing it says is The parties shall share the children's uncovered medical, dental and prescriptive costs on a 50/50 basis" and that the expenses get sent to the other party for reimbursement on July 1, October 1, January 1, and April 1st.
So are the medical expenses split 50/50 from the first expense or 50/50 after the first $250 and I'm responsible for the first $250?
Thanks
In our divorce decree it states that "The parties shall share the children's uncovered medical, dental and prescriptive costs on a 50/50 basis."
I'm the custodial parent and have sent the non-custodial parent a copy of the bills/receipts for the first quarter of the year ( as stated to do in our agreement). He responded to me and said that it is NJ Law that the custodial parent pays the first $250 of unreimbursed medical expenses per year so he doesn't have to pay it until is reaches $250.
I was reading and saw that he is correct that this is what usually happens... However, I also read that if the divorce decree has another agreement then that it supersedes the NJ mandate. So I interpreted that as we split all the medical expenses 50/50 from the first $1 but he says I'm wrong.
In the decree, it does not say anything about anyone being responsible for the first $250. The only thing it says is The parties shall share the children's uncovered medical, dental and prescriptive costs on a 50/50 basis" and that the expenses get sent to the other party for reimbursement on July 1, October 1, January 1, and April 1st.
So are the medical expenses split 50/50 from the first expense or 50/50 after the first $250 and I'm responsible for the first $250?
Thanks
Enforcing Custody Orders: Medical Expenses Between Custodial and Noncustodial Parents
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