Uninsured medical expenses for your child: who pays, what proof to keep, and how to ask for reimbursement
- Many child support orders say how a child’s uninsured medical costs are split, often in proportion to each parent’s income. Your own order decides.
- An insurance explanation of benefits shows what was not covered. It does not show that you paid.
- Keep three things together for every bill: the bill or receipt, the explanation of benefits, and proof of payment.
- Some states set a deadline for asking. Minnesota, for example, gives two years from the date the expense was incurred.
- A dated entry for each bill, written when you pay it, is the simplest record to hand your attorney.
- What are uninsured medical expenses for a child?
- Who pays uninsured medical expenses after divorce?
- What proof do you need for a medical reimbursement request?
- Why is an explanation of benefits not enough on its own?
- Is there a deadline to ask for reimbursement?
- How do you ask the other parent to pay their share?
- What if the other parent does not pay?
- How do you keep a record of your child’s medical expenses?
- What should you leave out of the record?
- Frequently asked questions
What are uninsured medical expenses for a child?
Uninsured medical expenses are the health costs for your child that insurance does not pay. Orders and statutes also call them unreimbursed medical expenses, and many use both words together. Common examples:
- Copays and deductibles.
- Prescriptions and the pharmacy’s share of them.
- Dental work and orthodontics, such as braces.
- Glasses, contact lenses and hearing aids.
- Therapy and counseling.
- Care insurance does not cover at all.
Federal child support rules treat these costs as part of medical support. They define cash medical support as an amount ordered toward the cost of health insurance “or for other medical costs not covered by insurance” (45 CFR 303.31). The premium for the child’s insurance is usually handled separately, often inside the support calculation. Our guide to what child support covers explains where the regular payment ends and the extras begin.
Who pays uninsured medical expenses after divorce?
Your order says. The two most common approaches are:
- In proportion to income. The parent who earns more pays the larger percentage.
- A fixed split, such as half each.
Whichever split applies, the parent who pays the provider first is usually the one who has to ask for the rest back, and that parent needs the paperwork.
“The parent who is paying these additional medical expenses should be careful to save receipts and copies of bills so that they can show proof that they have paid them.”
That post describes Tennessee, but the habit it describes applies wherever you live. If your order is silent on medical costs, or uses a word you are not sure about, ask your attorney what it covers. This is general information, not legal advice.
What proof do you need for a medical reimbursement request?
For most medical costs the proof comes in three parts:
- The bill or receipt from the provider, showing the child’s name, the date of service and the amount.
- The explanation of benefits from the insurer, showing what insurance paid and what was left to the patient.
- Proof that you paid, such as a card receipt, a bank statement line or a cancelled check.
Some states spell this out. In Minnesota, the affidavit a parent sends with a reimbursement request must itemize the child’s unreimbursed or uninsured expenses and include “copies of all bills, receipts, and insurance company explanations of benefits” (Minn. Stat. § 518A.41, subd. 17). Your state may ask for less, or more, but a request built on those three parts is easy to check anywhere.
For prescriptions, a printout of the child’s history from the pharmacy often does the job. For ongoing costs like braces, keep the treatment contract, the down payment and each monthly payment together.
Why is an explanation of benefits not enough on its own?
“If the insurance company’s explanation of benefits (EOB) is accessible to you, it reports the patient’s portions of each medical bill, but it will not serve as proof of payment.”
The explanation of benefits tells you what you owed. It says nothing about whether, when or how you paid. That gap is where reimbursement disputes tend to start, because a statement on its own leaves open whether the bill was ever settled. Attach the proof of payment to the bill it pays, and keep the explanation of benefits with both.
Is there a deadline to ask for reimbursement?
Sometimes, and it varies by state and by order. Minnesota is one example with a fixed rule: a parent must make the request within two years of the date the expense was incurred, and the written notice gives the other parent 30 days to respond (Minn. Stat. § 518A.41, subd. 17). Other states set different limits, and some orders set their own.
The safe habit is the same everywhere: send each request soon after you pay, not in a yearly bundle. If you already have older bills, ask your attorney whether they can still be claimed where you live. This is general information, not legal advice.
How do you ask the other parent to pay their share?
In writing, through whatever channel your order names. A request that is easy to check is easier to pay. Include:
- Which child the care was for, the provider and the date of service.
- The total, what insurance paid, and what was left.
- The share you are asking for, and how the order gets there.
- Copies of the bill, the explanation of benefits and your proof of payment.
- The date by which you are asking for payment, if your order sets one.
Leave out the child’s diagnosis unless the order or your attorney says it is needed. The date, the provider and the amount are usually enough.
What if the other parent does not pay?
Check the basics first: that the cost is one the order covers, that the share is right, and that the request arrived. Then send one polite follow-up with the original request attached.
If it is still unpaid, talk to your attorney. Depending on where you live, the options may include mediation, a request to the court that made the order, or help from the state child support agency. In each of them, the same record does the work: the bill, the explanation of benefits, the proof of payment, the request and the follow-up, each with its date. Our guide to organizing evidence for a custody case covers putting that kind of record in order.
How do you keep a record of your child’s medical expenses?
One entry per bill, written when you pay it. Each entry can hold:
- The date of service, the provider and which child.
- The total, what insurance paid, and what you paid.
- Photos of the bill, the explanation of benefits and the payment receipt.
- The share owed under your order.
- The date you sent the request, and the date and amount of any payment back.
A year of entries like this shows what you have paid, what has been settled and what is still open, without anyone reconstructing it from a drawer of envelopes. For costs beyond medical care, such as childcare and school, see our guide to documenting shared child expenses. Our guide on how often to document covers keeping the habit going.
What should you leave out of the record?
Keep it to your child’s care and your own payments. Leave out opinions about the other parent, guesses about their insurance or income, and medical detail beyond what a request needs. A child’s health information is private, so the record should hold what proves the cost and not more.
Documented keeps a dated, sealed record of your own days with your children, including the bills you paid for their care. Each entry is time-stamped when it is written and cannot be edited afterwards, so a photo of a bill and its receipt says the same thing a year from now that it said the day you paid it. Learn how it works →
Frequently asked questions
What is the difference between uninsured and unreimbursed medical expenses?
In child support they usually mean the same thing: health costs for the child that insurance did not pay. Many orders and statutes use both words together. Your own order’s wording is what counts.
Who pays for a child’s uninsured medical expenses after divorce?
Whatever your order says. Many split them in proportion to each parent’s income, and some split them half each.
Is an explanation of benefits proof that I paid?
No. It shows what insurance paid and what was left to the patient. Keep a card receipt, a bank statement line or a cancelled check as proof of payment, attached to the bill.
How long do I have to ask for reimbursement of medical expenses?
It depends on your state and your order. Minnesota, for example, sets two years from the date the expense was incurred. Ask your attorney about older bills, and send new requests promptly. This is general information, not legal advice.
Do I need to tell the other parent what the treatment was for?
Usually the date, the provider and the amount are enough. Include medical detail only when the order or your attorney says it is needed.
References
Law firm pages are cited for the quoted passages only.
- Minnesota Statutes § 518A.41, Medical support
- 45 CFR 303.31, Securing and enforcing medical support obligations
- Brett Pritchard, The Law Office of Brett H. Pritchard: Your children’s unreimbursed healthcare expenses
- Graham Law & Associates: In Tennessee child support cases, which parent pays for uninsured expenses for the child?
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Documented is a private, tamper-evident record of how you show up for your kids. This article is general information, not legal advice, and Documented is not a law firm.