Question asked on Jan. 31, 2021
Q: I live in Victorville, CA however the Jurisdiction for my Custody case lies in NV. I have 50/50 Joint Legal and Joint Physical Custody of my Son with his Father who resides in Las Vegas, NV. I am the child support paying parent, I also am the only parent with Medical Insurance. Medical insurance is supposed to be split 50/50 and the 30/30 rule for medical expenses. Sadly it has just registered in my mind (stress) that Dad should have been paying me monthly for half of our son’s medical premium that is auto-deducted from my weekly paychecks and has been since October 2019 to current. I never gave Dad a bill/notice because I don’t get one again it comes out of my paycheck however he as well as the court is aware of this payment/deduction Via all FDF’s that have been Submitted since Dec 2019 to current. So I realize I have been getting taken advantage of by Dad. Can I ask to be reimbursed for half of the monthly medical premium? And if so how far can I go back and ask for?
A: If the existing order is for payment of the medical premiums, total up what has been incurred since the order, and send a request for his half of the payments; it might be easiest to agree to reduce your child support payments, going forward, by the father’s half of the medical insurance premium. Conceivably you could go back further in time than the last order, but it depends on what was litigated, and ordered, and why. If you run into problems, you should probably consult with a family law specialist.