Who Pays a Child's Medical Bills After Divorce?

Medical care is part of maintenance

Under Section 92 of the Law Reform (Marriage and Divorce) Act 1976, both parents must maintain their child. That covers healthcare, not only food and housing.

Both parents stay responsible after divorce, whoever the child lives with. Each parent’s share usually follows their means, so the parent who earns more is generally expected to pay more.

Routine costs and big bills

It helps to split medical costs into two kinds:

• Routine costs: clinic visits, common medicines, dental check-ups and vaccinations.
• Large or emergency costs: hospital stays, surgery, treatment by a consultant or an accident. These come without warning and cost far more.

Many parents cover routine costs from the monthly maintenance and share big bills by an agreed percentage. Agreeing this early avoids a fight in a crisis.

Health insurance

A medical or hospitalisation policy protects both parents from a sudden large bill.

Your terms can say which parent keeps the policy going, who pays the premium, and that the child stays insured under it.

If there is already a policy, decide who takes it over so it does not lapse. Once a child has a health history, a new policy can be hard or costly to get.

Children with ongoing conditions

If your child has a long-term illness, allergy or condition needing regular care, general maintenance is not enough. These costs are predictable and should be listed separately.

Write down the treatment, therapy or medication and how it will be paid. You can agree a regular contribution and review it as needs change.

If the condition may need more care later, plan for it now. It is easier than reopening the order.

Writing the terms clearly

Clear medical terms state:

• the amount or percentage each parent pays
• which costs count as routine and which as major
• how bills are shared, for example receipts sent and the other parent paying within a set number of days
• who holds the insurance and pays the premium
• how emergency costs are paid while an insurance claim is processed

Clear wording means neither parent hesitates when the child needs care.

When to get legal advice

Get advice if your child has an ongoing condition, if you rely on an existing policy, or if one parent controls the medical arrangements. A lawyer can draft terms that keep your child covered and can be enforced if a payment is missed.

Looking to engage a divorce lawyer? If you are unsure how your child’s medical costs should be shared, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.