Mary's Corner

A Few Words from Firm Founder Mary Stearns-Montgomery

When hiring an attorney, I urge you to make sure that you are comfortable with your lawyer. There is nothing wrong with insisting upon a second, third or fourth opinion in the law, just as you would if a doctor advised you to undergo surgery. It is less expensive to start with an attorney with whom you are comfortable than to realize in the middle of the case that your lawyer is not right for you. Facing a divorce or family law dispute with an attorney whom you trust and respect is far easier than facing it alone or with an attorney with whom you are uneasy.

While I insist on strict adherence to the principles of honesty, integrity and respect, I know that neither I nor my firm has all of the answers for every client and family in Georgia. Because the attorney-client relationship depends so much on personality and trust, no single attorney can possibly be right for every client. You will not be insulting me or my firm if you decide to "shop around." To learn more about my firm, I urge you to contact me today. To learn more about a variety of topics affecting families in Georgia, please read on.

Uncovered (or Uninsured) Health Care Expenses

The problem

Presuming that health insurance is in place, the issue of uncovered medical expenses, at times, seems too insignificant to discuss. Most medical insurance policies provide for minimal co-pays, on average between $15 and $30, so most clients deem it a nonissue. However, uninsured health care expenses could be extremely high or extremely low depending upon each individual child; regardless, these expenses and what they cover are extremely vital to each child’s welfare. Issues like these are among the most important ones for clients to be aware of so that they can avoid spending hundreds of dollars an hour on an attorney to handle disputes regarding them.

Under the new child support guidelines of 2006, uncovered health care expenses* are specifically addressed, and the court is now required to make provision for them. The guidelines provide that, “The final Child Support Order shall include provisions for payment of Uninsured Health Care Expenses . . .” and “The Parents shall divide the Uninsured Health Care Expenses pro rata, unless otherwise specifically ordered by the Court.”

The Excel and Web-based worksheets automatically calculate the “pro rata” share by using the same pro rata percentage the parties are obligated to pay under the basic child support obligation. In other words, if the noncustodial parent earns $100,000 and the custodial parent earns $0, then the noncustodial parent’s pro rata percentage of the basic child support obligation is 100%. So too is the noncustodial parent’s pro rata share of the uncovered health care expenses – 100%. The concern here is that in acrimonious situations between warring parents (and even parents who are otherwise amenable) the noncustodial parent is left vulnerable to the custodial parent running up a large bill for health expenses.

An easy fix

Prior to implementation of the new guidelines, the common practice amongst the bench and the bar was to split the uncovered health care expenses fifty-fifty.**

With both parties paying one half, it kept “estranged parents” honest. If both spouses were required to pay one-half of these expenses, then it followed that he or she would not run up a bill since he or she would pay one-half as well. Further, if a child got seriously injured or ill, both parties would still shoulder the burden.

The new child support guidelines could change the practice of splitting uncovered health care expenses fifty-fifty. Some courts have outwardly indicated a preference for continuing to split the uncovered health care expenses fifty-fifty, rather than using the proportionate share of income split. To do so, attorneys and judges alike should be aware that they must manually adjust the worksheet calculations to reflect the appropriate percentage split.

* O.C.G.A. Section 19-6-15 (h)(3)(A)

** There was no specific statute addressing this issue for purposes of civil litigation.

Speak with a caring attorney: Call Stearns-Montgomery & Associates today at (770) 426-1148 or fill out our simple contact form. We have law offices in Atlanta and Marietta.