Medical Expenses

[fedupinIL]

What is the name of your state? Illinois

I have a quick question and hopefully someone on here can help me out.

My husband is required to pay 1/2 of all medical expenses that insurance doesn't pay for. There is no problem there as he has been doing so for 9 years. My question is...is he also required to pay 1/2 of the CP's co-pay? My husband has his 2 children on his insurance as secondary insurance and she has them on hers as primary insurance. Her co-pay is $35 and his is $10. With the way the decree is worded, his insurance won't allow him to use his as primary, blah blah blah. The reason I am asking is because in 9 years, he has never paid 1/2 of her co-pay and has never been requested to do so until today. There is nothing written anywhere in the decree or court orders over the last 9 years that even mentions co-pays.

ThanksWhat is the name of your state?

 

[Shay-Pari'e]

If it is not court ordered, then he does not have to pay.

 

[SingleMom67]

If she's got primary, then yes, you're hubby has to pay half of whatever her co-pays are for the children. It sounds like she cut him some slack for many years.

 

[TinkerBelleLuvr]

A co-pay is a portion that is NOT covered by insurance.

 

[SingleMom67]

If it is not court ordered, then he does not have to pay.

I disagree. OP indicated, "My husband is required to pay 1/2 of all medical expenses that insurance doesn't pay for." The co-pay is an expense the insurance company isn't covering. He's required to pay that half.

 

[Shay-Pari'e]

Sorry, looks like I was sleeping on this one.

 

[ajkroy]

Unless the service is not allowed on one of the insurances, there shouldn't be a copay at all. Secondary insurance should pay the primary's copay.

The reason her insurance is primary probably has nothing to do with the divorce decree. Most likely, hers is the birthday that falls first in the calendar year. That is how Primary/Secondary is usually determined.

Good luck.