{"id":3635,"date":"2018-06-30T10:04:25","date_gmt":"2018-06-30T17:04:25","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/?page_id=3635"},"modified":"2022-12-01T16:01:27","modified_gmt":"2022-12-01T23:01:27","slug":"braces-considered-medical-expense-child-support","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/blog\/braces-considered-medical-expense-child-support\/","title":{"rendered":"Are Braces Considered a Medical Expense for Child Support in Arizona?"},"content":{"rendered":"

Introduction<\/h2>\n

You may be responsible for uninsured or unreimbursed medical, dental, and vision expenses for your child depending on the provisions in your divorce decree<\/a> and child support order.<\/p>\n

If the divorce decree or court order specifically addresses uninsured or unreimbursed medical, dental, and vision expenses, then the situation is dictated by those provisions. If neither document addresses the subject, then generally speaking you will be responsible for covering your share of the cost of such expenses when they are reasonable and necessary.<\/p>\n

Braces usually qualify as reasonable and necessary expenses unless they are for purely cosmetic purposes. While the courts assess these on a case-by-case basis, it\u2019s safe to assume that if the braces are to relive pain or prevent future problems that could cause pain, harm, or injury, then they qualify as reasonable and necessary.<\/p>\n

If your child simply wants braces to get straighter teeth or correct an overbite to improve their physical appearance, that may not qualify for child support.<\/p>\n

Arizona Child Support Law<\/h2>\n

According to ARS 25-501<\/a>, parents in Arizona have a legal responsibility to provide \u201creasonable support\u201d for their children\u2019s care and wellbeing. In fact, section C of the statute dictates that a biological or adoptive parent\u2019s child support obligation takes priority over any other financial obligations for the parent. Given the gravity of the charge and the court\u2019s mandate to serve the best interests of the child, the court takes child support payments quite seriously.<\/p>\n

Child support is typically addressed in the divorce decree, and it\u2019s always backed by a court order. When determining the amount a non-custodial parent should pay in child support, the state follows strict child support guidelines<\/a> that consider the needs of the child, the custodial parent\u2019s income, and the non-custodial parent\u2019s income. Child support is intended to last until the child turns 18 (or 19 if they\u2019re still in high school) but the child support order can be modified or terminated in certain circumstances.<\/p>\n

Arizona law naturally provides for child support payments to be made by income withholding, so most child support orders are accompanied by a withholding order. The non-custodial parent can waive this requirement if both parents voluntarily sign a waiver, but the custodial parent and the state child support collection agency both have the right to reissue a withholding order if necessary (without the approval of the non-custodial parent). If the non-custodial parent\u2019s employer receives a notice of withholding from the state, the employer is required to comply with the order.<\/p>\n

Extraordinary Medical Expenses<\/h2>\n

In addition to paying predetermined child support payments, non-custodial parents are required to pay for uninsured and unreimbursed medical, dental, and vision expenses. Sometimes referred to as \u201cextraordinary medical expenses,\u201d these can include the cost of prescriptions, insurance deductibles, co-pays, and any other medical, dental, or vision costs that are incurred by medically reasonable and necessary treatments or procedures. As the name implies, extraordinary medical expenses are out-of-pocket medical costs that exceed the cost of basic health care under the child\u2019s health insurance policy.<\/p>\n

State law dictates how medical expenses should be handled by a non-custodial parent, though it can be confusing as the laws vary from state to state. Some states require parents to share the cost of extraordinary medical expenses based on a proportion of their monthly income (known as the income shares model), while other states only require the noncustodial parent to share the cost of extraordinary medical expenses if the bill is more than a specified percentage of the regular child support payments.<\/p>\n

There are a few states that impose a minimum dollar amount (e.g., the non-custodial parent is responsible for extraordinary medical expenses over $500 per child per year), and there are a handful of states that further distinguish between recurring and non-recurring health care costs. It\u2019s critical to understand the childcare laws in your state to determine the extent to which you are obligated to pay extraordinary medical expenses.<\/p>\n

In Arizona, the courts specify the percentage of extraordinary medical expenses that each parent is liable for in the child support order. When a child incurs necessary medical, dental, or vision expenses that aren\u2019t covered by insurance, the custodial parent must submit a request for payment or reimbursement to the non-custodial parent within 180 days of the service.<\/p>\n

The non-custodial parent is responsible for payment or reimbursement of their share (based on the original court order), and he or she has 45 days to pay the provider directly, reimburse the custodial spouse, or set up acceptable payment arrangements with either party.<\/p>\n

During this process, both parents have the right to request receipts or proof of payment from the other parent as evidence that the payments were actually made. If either parent fails to fulfill their share of the burden, the court can change the existing child support order through an adjustment or modification to account for the new obligation.<\/p>\n

Enforcing Extraordinary Medical Expenses<\/h2>\n

The courts view a parent\u2019s failure to submit payment or reimbursement for extraordinary medical expenses in the same regard as failure to pay regular child support payments. In either case, unpaid child support (known as arrearages) is subject to a variety of enforcement options.<\/p>\n

The state has the ability to collect unpaid child support through wage garnishment and interception of tax refunds. For punitive measures, the state can also revoke your driver\u2019s license and file contempt of court charges. In extreme cases, unpaid child support can result in jailtime.<\/p>\n

A parent who is seeking payment or reimbursement for extraordinary medical expenses may initiate child support enforcement actions under the following circumstances (all must apply):<\/p>\n