NJSBA Family Law Section

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  • 1.  First $250 Unreimbursed Healthcare Expenses

    Posted 01-19-2017 03:48 PM
    If the parties share residential custody 50/50, they both provide medical insurance for the child, and their PSA was silent as to the $250 yearly amount for unreimbursed expenses, who would be responsible for the $250-would it alternate each year?

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    Alexandra Conti Esq.
    Union NJ
    (908)810-8588
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  • 2.  RE: First $250 Unreimbursed Healthcare Expenses

    Posted 01-19-2017 03:50 PM
    If one party is paying child support pursuant to the guidelines, that $250 per child/per year is assumed to be factored in to the calculation.  As such, the recipient of child support should be paying.  If there is no formal CS obligation due to the 50/50 shared residential custody, the $250 threshold would not normally apply.


    Gregory Thomlison, Esq.
    Kerr & Thomlison, L.L.C.
    650 Washington St.
    Suite 1C
    Toms River, NJ 08753
    Ph. (732) 736-8100

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    Original Message


  • 3.  RE: First $250 Unreimbursed Healthcare Expenses

    Posted 01-20-2017 03:02 PM
    I agree with Gregory's statement. Generally, it's a good idea to address the splitting of unreimbursed medicals in the settlement agreement, especially when it's 50/50.

    And, as others have pointed out in the past, the use of the $250 figure is arbitrary and unfair. It hearkens back to the days before the widespread use of computers. A percentage (I think it's 4%) of a child support obligation is for medical expenses. It would be too easy to calculate the number and say on each CSG worksheet something like "the PPR shall be solely responsible for the first $XX (4% x line 27 obligation x 52) per child per year in unreimbursed medical expenses. Any amounts in excess of this shall be divided as per the parties' percentage share of incomes as reflected on line 7 above."

    As seems to be the case in many fairness issues in our court system - it nails the poor. A parent receiving $25 or $30 per week is paying a much higher percentage than 4%; a parent receiving $5000 per month is paying far less.


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    David Perry Davis, Esq.
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       www.FamilyLawNJ.pro
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    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

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    Original Message