Whether you are trying to settle your own divorce with your spouse, writing up your own Marital Settlement Agreement or looking over a Marital Settlement Agreement prepared by your Rhode Island divorce lawyer or your spouse's lawyer, this tip is one that both clients and lawyers can take to heart.
Future medical expense payment issues often occur when one spouse looks back to the language of either the Marital Settlement Agreement and/or the Final Judgment of the Rhode Island Family Court and refuses to make payment for one or more expenses claiming that the language does not require him or her to pay for all or part of that expense.
For instance, the Final Judgment requires each parent to pay 1/2 of all uncovered and uninsured medical expenses for the minor children. The wife gets the children braces and demands that the husband pay 1/2 of the braces. The husband refuses. The husband's lawyer argues that his client does not have to pay for half of the braces because braces are not a "medical" expense.
Another example arises when a child becomes injured in a car accident and requires substantial surgical treatment and therapy. The Marital Settlement Agreement states at each parent will pay 1/2 of all uninsured medical and dental costs for the minor children. Therapy ends for the minor child and the therapist cannot continue because the medical insurance has reached its maximum number of therapy sessions for the child. The therapist mentions a therapeutic device that can attach to the child's foot to help regain motion in her left foot but that health insurance does not cover it and it must be purchased and can't be rented. The cost is $10,000 for the device. The father takes out a loan because he wants to take care of his daughter and buys the device and
asks the mother for 1/2 of the cost. The mother refuses. At court, the mother's lawyer argues that the device is not a medical cost but rather it is a
a device or apparatus meant to substitute for a medical treatment which would
create a medical cost.
When considering language to be used to cover future medical expenses for minor
children when the expenses are to be shared between the parents of the children I suggest using something in the nature of the following:
"The Mother and Father shall be responsible on a 50/50 basis for all uncovered healthcare related expenses and costs expended for the benefit of the minor children."
The terms "healthcare related" are the primary terms that should be included to
avoid future issues as to whether dental is included in medical, or whether orthodontia is included in dental, or whether medical includes therapeutic or
optometic, or etc...
The terms "healthcare related" are broad enough terms to prevent future disputes
without the need for further court intervention with a realistic chance of prevailing on an opposing motion. The wording and costs "expended for the benefit of the minor children" are helpful wording to solidify that any costs or
expenses referenced are those that are "in fact" expended for the benefit of the
minor children.
Carefully, examine provisions drafted even by your own Rhode Island divorce lawyer and consider this tip to help you choose your wording carefully. It could save you future disputes, time, money, attorneys' fees and needless stress.
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Copyright 2008. Christopher A. Pearsall, Entrepreneur and Attorney-at-Law
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Chris Pearsall | Rhode Island Divorce Lawyers
Thank you for your informative advice on a part of divorce law that I had honestly overlooked. I'm glad that there are people out there who pay close attention to detail!
Posted by: Divorce Attorney | November 17, 2008 at 05:16 PM