Health Insurance Cost is in Addition to Any Calculated Child Support from Non-Custod

[Coronasteve]

My question involves child support in the State of: CA

Years ago, when my wife's ex-husband began paying child support for their daughter, he paid her as the divorce agreement stipulates for child support.

EXCEPT that he didn't contribute any additional money for the monthly health insurance cost. If I understand the CA laws correctly, the reasonable cost of the health insurance is borne equally and is separate and in addition to the child support, unless the judge approves some other fair plan within the overall child support order.

I have read and re-read the agreement and court order and I don't see anything other than paying a 50% share of health insurance, a semi-monthly amount for child support of $XXX, and the typical incidentals in a divorce as related to a child.

Back then, my wife didn't see this possible mistake and neither did her ex. Knowing both parties, my opinion is that it was probably an honest mistake.

We know there is no look back, re-calculation and order for payment of child support prior to a new court order. BUT,

Because it appears that health insurance was treated as a separate item in this case, is there any re-course?

Before anyone gets judgmental about this issue, know that 100% of any recovery will go directly into a 529 plan for the child or a separate agreement to pay that amount directly to the daughter while she is away at college.

Any thoughts or experience on this?

[ph_dudley]

You need to go by the court order as that is what is official. So are your saying that the court order states that each party is to pay 50% of any unreimbursed health insurance costs? This is the typical wording used in court orders. If so then has a demand been made on the other party to pay the 50%? Demand must be made and then if no payment is made you may have to obtain a medical sum certain order which will translate it to a dollar amount. Once there is a judgment in a dollar amount this can be collected as medical support arrears pretty much the same fashion as child support arrears.