Who pays a child’s or a former spouse’s medical bills after a Georgia divorce depends on the exact words of the agreement, and courts hold both sides to them.
Insurance Means Insurance
In Everett v. Everett, 256 Ga. 632 (1987), a father agreed “to maintain hospitalization insurance on the minor child.” When he let it lapse, he became a self-insurer for whatever the policy would have covered, but the Georgia Supreme Court refused to make him pay all future medical expenses, because a promise to carry insurance “implies a more limited responsibility.”
Likewise, in Floyd v. Floyd, 291 Ga. 605 (2012), a husband who agreed to be “responsible” for the cost of the children’s health insurance lost his job and his coverage. He stayed responsible, and ordering him to reimburse the premiums his former wife paid in the meantime was enforcement, not modification.
What Counts as a Medical Expense
In Griffin v. Jefts, 256 Ga. 635 (1987), a father owed “any medical bills not covered by insurance,” and his daughter was treated at a psychiatric hospital. Services “of a medicinal or therapeutic nature” prescribed by a physician, including therapy by a psychologist, were medical bills. Ordinary necessities were not.
Similarly, in Franklin v. Franklin, 262 Ga. 218 (1992), a nursing home’s flat monthly fee had to be divided between medical care and ordinary living costs, and a private room was not a “necessary medical expense.”
Conditions Are Enforced
In Page v. Baylard, 281 Ga. 586 (2007), a husband owed half of the child’s uncovered medical expenses, but “[i]n the event that a major expenditure is to be incurred, husband will be consulted prior to services rendered, except in an emergency situation.” The mother placed their daughter in a $2,750-a-month residential program without consulting him. That sentence was a condition precedent, and her failure to meet it cost her the entire $23,375 reimbursement.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!