Our prior Blog, “Sharing Medical Expenses” was a hit. It resonated with parents because it gave practical information regarding co-parenting and financial obligations between parents. There remains a lot of confusion regarding sharing of medical expenses so it seemed an update was necessary.
Although Nevada law was updated to ensure that medical support was included in all Orders, under the Nevada Administrative Code 425.135, there was no included language regarding unreimbursed medical expenses. Therefore, the Court is left with adopting Orders regarding unreimbursed medical expenses. Often the Judges adopt what is known as the 30/30 rule for unreimbursed medical expenses. The 30/30 rule is a term used to explain repayment of medical expenses.
The first step is a parent pays a medical expenses for the child. The parent obtains a receipt or proof of payment for the medical expenses. Within 30 days of making that payments, the parent who paid the medical bill must submit the proof of payment to the other parent for reimbursement.
This first step is about payment, not about the actual invoice. If the expense is not actually paid, the 30/30 rule is not applicable. Again, the first step requires payment and proof of that payment which is often referred to as a receipt. If there is not payment, there is not mechanism to divide this expense.
If payment does occur and the receipt is not sent to the other parent, it triggers a waiver of reimbursement.
If payment does occur and the receipt is sent within 30 days, the non-payment parent must dispute the charge or pay their share, usually 50%, of the amount paid.
If a parent does not pay or dispute the charge within 30 days, it can be viewed as contempt for failure to comply with the Court’s Orders. The Court can issue Orders for the payment and attorney fees if a parent has to go to Court to obtain reimbursement.
The key take away, make sure to timely submit paid medical bills for reimbursement, and upon receipt pay your one-half share. Additionally, if both parents attend medical appointments, consider each paying half at the time to avoid the reimbursement cycle.