November, 2009 

Shared Care/Uncovered Expenses

The parties intend to have "shared physical care" of the children. Consider these facts:

• Two children in issue.
• Mom has the children covered under a plan of health insurance at no cost.
• Parents are regular (not low income) wage earners.
• Each parent will claim one child.
• Mom earns $70,000 while dad earns $40,000.
• Mom's percentage share of income is 61.23%
• Dad's percentage share of income is 38.66%
• There are no other unusual entries.
• Mom must pay dad the offset amount of $291

The children have health insurance through mom, at no cost to her. This takes out dad's obligation to pay cash medical support.

Guidelines Rule 9.12(5) provides: "Uncovered medical expenses" means all medical expenses for the child not paid by insurance. The custodial parent shall pay the first $250 per year per child ... up to a maximum of $800 per year for all children.

Question:  Which parent will be the "custodial parent?"

Our Advice...put this language in the Decree: "Uncovered medical expenses shall be paid by the parties as follows: Petitioner shall pay 61.23% and Respondent shall pay 38.66%."

How to keep.... a client and happy.

Start a tickler system for your clients. If you finish a case and there is child support involved, mark your calendar to review the child support a year later. When the year rolls by, send the client a letter:

"Dear Terry:  The dissolution decree in your case was entered on 10/01/2008. Support was calculated on two children in the amount of $493.00 per month. Your ex-spouse reported income of $34,500 and you reported $27,200. The documents also show that one child was in child care.

If any of these numbers or your financial circumstances have changed, please give me a call and we can review your situation. Perhaps an adjustment in child support should be made. Thank you."