How do I ask a California court to order the other parent to contribute to my child's health insurance and uncovered medical expenses?
You can ask the court to order the other parent to contribute to health insurance and other medical costs by filing a formal motion called a Request for Order. This action modifies your existing child support order to include these mandatory expenses.
Step 1: Gather Your Financial Documents
Collect proof of your child's medical costs. This includes pay stubs showing the monthly cost for the child's health insurance premium, receipts for any out-of-pocket medical, dental, and vision expenses (like co-pays or prescriptions), and Explanation of Benefits (EOB) statements from your insurance provider.
Step 2: Complete the Required Court Forms
You will need to fill out several forms. The main ones are the Request for Order (FL-300), where you explain what you are asking the court to do, and the Income and Expense Declaration (FL-150), where you detail your finances. On form FL-300, you will check the box for "Child Support" and specify you are asking for orders regarding health insurance and uncovered healthcare costs. You can find these forms on the California Courts website.
Step 3: File Your Forms with the Court Clerk
Make at least two copies of all your completed forms. Take the original and copies to the clerk's office at the courthouse where your family law case is located. The clerk will file the original, stamp your copies, and assign you a court date. You will have to pay a filing fee unless you qualify for a fee waiver.
Step 4: Serve the Other Parent
You must have another adult (not you) who is over 18 serve the other parent with a copy of the filed forms at least 16 court days before the hearing. The person who serves the papers must fill out and sign a Proof of Service form (like FL-330 or FL-335), which you must then file with the court.
Step 5: Attend Your Hearing
Go to court on your scheduled date. Bring your financial documents as evidence. Clearly and calmly explain to the judge why you are requesting the order and present your proof of the expenses. The judge will make a decision based on both parents' incomes and the law.
Important details and nuances:
Under California law, health insurance premiums and uncovered medical expenses are mandatory child support add-ons. Courts typically order these costs to be shared equally (50/50) between parents, but a judge can order a different split based on each parent’s net disposable income. Once an order is in place, you must provide the other parent with an itemized bill for their share within 30 days of paying it, and they have 30 days to reimburse you.
Warnings and limitations:
A court order for these expenses is typically not retroactive, meaning it will only cover costs incurred after the date you file your request. If a local child support agency is involved in your case, you may need to go through them to modify your support order.
This is general information and does not constitute legal advice. For complex situations, such as a self-employed parent or a dispute over medical necessity, you should consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
Views: 37
Updated: August 14, 2025
Family Law
Divorce, child custody, domestic relations, and family disputes
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