Q&A > Question

Your Legal Questions Answered

question iconOne 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?
answer icon

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.


The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
small picture of attorney bill henry
Bill Henry
Family LawJan 4, 2016
Still can’t find what you’re looking
for? Ask a laywer
Start your Case Assesment
Find out your legal options.
DisclaimerThe response posted is based upon the information made available and is not intended as a full and complete response to the question. The only manner to obtain complete and adequate legal advice is to consult with an attorney. No Q&A posting or other communication will be treated as confidential from this website and does not create an attorney-client relationship.
© Copyright 2024, Robinson & Henry, P.C.