Unreimbursed medical expenses for minor children is an issue that arises in every divorce case involving children. The question to be addressed is which parent pays for these expenses.
It seemed that for a very long time the unwritten rule was that each parent is responsible for these kind of expenses on an equal, 50-50 basis.
That is no longer the case. The proper standard to be applied today is based upon the parties same percentages which are utilized for child support calculations.
“Absent some logically established rationale in the final judgment to the contrary, collateral child support expenses must be allocated in the same percentage as the child support allocation.”
The ruling can be found in the case of Zinovoy v. Zinovoy, 50 So.3d 763 (Fla. 2d DCA 2011).