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One of our children broke a finger that required surgery. How should I split the expense of the surgery fees? I recall something about basing it upon percent of income. Would my spousal support payments count toward my ex’s income and decrease my own?
Jan 4, 2016
Family Law
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

Hi Ken, Typically the medical expenses associated with a child’s necessary healthcare are divided in proportion to the parents relative income. Most every family uses that ratio since it is the statutory default. It is possible to agree otherwise if the circumstances suggest it would be somehow more equitable to do it otherwise. When calculating income for purposes of this proportional division, the calculation takes place after spousal maintenance is paid and before child support is paid. Thus, the spousal maintenance is taken out of your gross income and put into hers before calculating the ratio of your income to hers for purpose of dividing the unreimbursed (uninsured) medical expense for your child.

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