In This Post, You’ll Learn
- How health insurance premiums are handled in Arizona child support cases
- What counts as an unreimbursed medical expense
- How parents may divide copays, deductibles, dental care, and orthodontic costs
- What documentation may be required for reimbursement
- How special medical needs can affect child support
- What parents can do when medical expense disputes arise
- When changing medical costs may support a child support modification
Medical expenses are a vital part of child support orders in Arizona, but they can also introduce complications. Health insurance premiums, out-of-pocket expenses, and special medical needs might create conflict between co-parents. Whether or not you anticipate medical bills, if you are no longer in a relationship with your child’s other parent, it’s important to understand who pays Arizona child support medical expenses. Prepare for the future with information from The Valley Law Group.
How Health Insurance Fits Into Arizona Child Support
Access to medical care is a basic need that many Arizona child support plans should address. As explained in Arizona Revised Statutes § 25-320 (Arizona State Legislature, n.d.), this can include health insurance, but insurance won’t always be a requirement of a support order.
When courts create a child support order, they do so with the best interests of the child in mind.
Making a medical support decision as a component of child support involves reviewing the available insurance options from each parent, which can include:
- Employer-provided plans
- Private insurance
- AHCCCS (Medicaid) or other support plans
When assigning responsibility for health insurance, the court considers whether coverage is available at a reasonable cost and accessible where the child lives. Only the portion of the premium attributable to the child should generally be included in the child support calculation.
This amount is the additional premium for the child, not necessarily the entire premium that includes the adult or other family members. Employers who provide an employee with insurance can be ordered to provide child support health insurance in Arizona, regardless of whether the employee has more parenting time.
Who Pays the Child’s Health Insurance Premiums?
Insurance costs are allocated depending on each family’s unique circumstances, but the court follows the Arizona child support guidelines (Arizona Supreme Court, 2022). The current Arizona Child Support Guidelines took effect January 1, 2022, and were revised September 21, 2022.
The parent who carries the child’s insurance usually pays the premium directly. The child-attributable portion of that premium is then added to the combined child support obligation and allocated between the parents according to their proportionate incomes. The parent who actually pays the insurance premium receives credit for that payment in the child support calculation.
Certain families may prefer to select add-ons to the health insurance plan, which can give access to more services but also raise premiums. Who pays for this increased amount again depends on the court’s decision.
Need to Estimate Child Support?
Medical insurance premiums are one factor that may affect Arizona child support calculations. Use our free Child Support Calculator to get an estimate based on the Arizona Child Support Guidelines.
What Are Unreimbursed Medical Expenses?
Common Medical Expenses in Arizona Child Support Cases
| Expense | How It May Be Addressed |
| Health insurance premium | Included in the child support calculation based on the child-attributable cost |
| Copays and deductibles | Divided according to the court order |
| Prescription medications | May qualify as unreimbursed medical expenses |
| Dental and vision care | May be covered by insurance or divided as out-of-pocket costs |
| Braces and orthodontia | Often require review of insurance coverage and the support order |
| Therapy and specialist care | May be treated as ongoing or extraordinary child-related expenses |
| Assistive devices | May support an adjustment or deviation when medically necessary |
Put simply, unreimbursed medical expenses are costs that medical insurance won’t cover, also called out-of-pocket expenses.
Many types of out-of-pocket costs can arise, subject to the details of the insurance plan, including:
- Copays
- Deductibles
- Prescription medications
- Dental care
- Braces
- Vision care
- Glasses and contacts
- Medical equipment
- Necessary home modifications
Unreimbursed medical expenses for child support in Arizona can add even more complexity and strain to a support agreement. A skilled child support lawyer can help you understand who is responsible for these costs and discuss the options available.
How Parents May Split Out-of-Pocket Medical Costs
Arizona child support orders often specify who pays medical bills in child support. In many cases, uninsured costs could be split between both parents, not just the parent who provides insurance.
When deciding how parents should split out-of-pocket costs, courts may consider each parent’s resources, just as they do in other child support decisions. For example, if one parent earns a significantly higher salary than the other, they may be asked to cover a higher percentage of unreimbursed medical expenses.
This type of split is not guaranteed. Each case is considered on its own merits, as courts assess Arizona laws and guidelines to determine how they can best serve the child’s best interests.
When Reimbursement Is Due
A child support order may set deadlines for requesting and paying reimbursement for uninsured medical expenses. Parents should follow the exact notice, documentation, and payment requirements stated in their order.
A reimbursement request may need to include:
- Medical receipts or invoices
- Insurance statements or explanations of benefits
- Proof of payment
- Written notice of the amount requested
Parents should keep copies of all reimbursement requests, supporting documents, responses, and payments in case a dispute arises.
Orthodontia, Dental, and Vision Expenses
Not all insurance plans cover dental, vision, and orthodontic care, and those that do may charge an additional cost. Orthodontia child support in Arizona considers the differences with this type of care. Even with insurance, these visits can be expensive and generate significant copays or out-of-pocket expenses for things a child needs, such as:
- Braces
- Retainers
- Dental work
- Glasses
- Contacts
- Eye tests
- Vision care
These increased costs can make it more difficult to fulfill Arizona child support medical expenses. They can also help children live happier and healthier lives. It’s important to follow the terms of a support order regarding additional expenses like this. However, if the costs are more than is reasonable, you may be able to request a modification of the order.
Special Needs, SNTs, and Therapy-Related Expenses
Sometimes children have special or ongoing care needs that may go beyond the scope of standard insurance coverage. Arizona’s child support guidelines also provide guidance on when courts should consider child support deviations. Unique situations might require a plan that varies significantly from the norm.
Examples of these special care needs include:
- Rehabilitation therapies
- Evaluations
- Medical specialists
- Assistive devices
- Behavioral health services
- Atypical medications
- Additional special needs-related expenses
In these cases, an order may include special needs child support in Arizona. This can include a different cost split or a unique approach to cost-sharing for a child with ongoing care needs. Parents might also set up a Special Needs Trust to manage assets while caring for a child, a process that may require additional legal and financial planning.
Like other forms of medical support, special needs child support can affect the overall child support agreement and how much the supporting parent owes. Increased medical costs might be included in other support, meaning a parent pays less in non-medical support. The specifics of how this plays out may depend on the details of your case.
What Happens When Parents Disagree About Medical Expenses?
Try as they may, divorced parents are likely to run into disagreements from time to time, especially over medical expenses, which can be costly. According to a report from the National Center for Family & Marriage Research (Wiborg, 2024), 41% of recently divorced adults have one or more minor children in the household. Making decisions on medical care can be difficult for these parents.
Disputes often arise over:
- The medical necessity of treatment
- Whether available insurance was properly used
- Unapproved or independently arranged medical care
- Missing or inadequate documentation
When parents disagree, they should first look to the terms of their support order. Often, this order helps settle disagreements, and disagreements do not relieve a parent of their obligation to follow the order. However, if there have been major changes or one parent has violated the order, you may need to request a modification.
How to Keep Medical Expense Issues Organized
Splitting medical expenses with a co-parent makes it even more essential to keep clear notes and well-organized records regarding all medical costs. Failure to do so can lead to discrepancies and disagreements.
Here are some tips to keep your children’s medical expenses organized:
- Keep all paperwork, including receipts, invoices, explanations of benefits, and insurance statements.
- Use written communication when discussing medical care and decisions.
- Track all payment dates, both payments made to medical providers and payments sent between co-parents.
- Discuss large, non-emergency expenses in advance when possible.
- Keep records of recommendations for specialists, orthodontia, therapy, and other special care.
- Follow the reimbursement timeline set in the court’s support order.
- Reach out to a family lawyer for help if you’re not sure what is required or what you need to keep track of.
Can Medical Expenses Lead to a Child Support Modification?
In certain situations, medical expenses can lead to child support modifications to help reflect changes. A parent may request modification when changed circumstances are substantial and continuing, such as a significant change in the child’s medical needs, insurance costs, or a parent’s income.
This can happen when medical costs become much higher than anticipated. For example, when a child faces a new complex diagnosis or health condition, their medical care needs can quickly expand beyond the scope of the original support order. Either parent can request a review to modify the existing child support to account for these changes.
New medical conditions aren’t the only reason for modifications.
Parents might find themselves facing:
- Significant changes in insurance premiums or available coverage
- Substantial changes in either parent’s income
- A new diagnosis or continuing medical condition
- Increased therapy, specialist, medication, or equipment costs
Preguntas frecuentes sobre la pensión alimenticia
Understanding how medical expenses are covered under child support in Arizona can be difficult. There are some questions that families commonly ask. Knowing the answers to these questions helps you make more informed decisions about your medical and child support.
Talk to an Arizona Child Support Attorney
Insurance, medical care, and child support are complex topics. It is vital to both comply with an existing order and to advocate for you and your child’s needs when creating or modifying a support order.
A child support attorney in Arizona can help you advocate for yourself and your child and protect your futures.
If you have questions about child support, health insurance, reimbursement disputes, and other medical support topics, contact The Valley Law Group today to request a consultation.
Our skilled, compassionate staff can help you get the answers you need to approach your child support case with clarity.
Fuentes:
- Arizona State Legislature. (n.d.). Arizona Revised Statutes § 25-320 – Child support; factors; methods of payment; additional guidelines. https://www.azleg.gov/ars/25/00320.htm
- Arizona Judicial Branch. (n.d.). Arizona Child Support Guidelines. https://azcourts.sharepoint.com/:b:/s/CourtForms/EegNpEjAF6FPiz-0exBurYwBHm1-12aQmw2S55gP9Ga9pw
- Bowling Green State University, National Center for Family & Marriage Research. (2024). Family Profile No. 24-13. https://www.bgsu.edu/ncfmr/resources/data/family-profiles/FP-24-13.html
Ryan Reppucci, Fundador/Director de Operaciones Legales de The Valley Law Group, es reconocido como uno de los principales abogados de derecho de familia de Phoenix. Después de graduarse de Arizona State con los más altos honores e inclusión en las sociedades de honor estudiantil más prestigiosas de América, Ryan asistió a la Universidad de Detroit Mercy School of Law. Su carrera como estudiante de derecho fue condecorada con numerosos premios, incluyendo el Premio del Libro de la Facultad de Derecho de la Universidad de Detroit Mercy, nominación para ser miembro de Who's Who Among Students in American Colleges and Universities, así como Moot Court.