You may worry that your minor child will experience trauma once you and their other parent get divorced. For this reason alone, you may want to be productive in supporting their mental health and have them start seeing a therapist. Or, there may be other signs or behaviors exhibited by your child that give you cause for concern for their mental health. Regardless of your exact reasoning, your soon-to-be former spouse may disagree with you, or plainly have a stigma against therapy, and thereby refuse to contribute funds towards these sessions. If this is your current predicament, please follow along to find out whether you can get a court to order your ex to pay for your child’s therapy and how a proficient Bergen County child support attorney at McNerney & McAuliffe can help ensure your child’s well-being.
Is therapy included in standard child support in New Jersey?
Well, the standard Child Support Guidelines in New Jersey covers basic needs such as the cost of food, shelter, clothing, transportation, education, and, namely, healthcare. With that, if most of your child’s healthcare is covered by insurance, child support may pay for the out-of-pocket costs. However, mental health therapy sessions may fall outside most standard health insurance plans, along with being outside the realm of what is considered a basic need under child support guidelines. Rather, they may be classified as an extraordinary medical expense. Also within this category may be braces, cosmetic procedures, and elective surgeries, for example.
How can I get a court to order my ex to pay for my child’s therapy?
You should not be discouraged by the fact that therapy is typically deemed an extraordinary expense. That is, you may still have a valid argument for the New Jersey family court, in which they may order that the cost of your child’s therapy be shared between you and your ex, in addition to the regular support order. Of note, the court may divide these extra costs based on your and your ex’s income, and other factors similar to what they use for the regular support order, to ensure each party contributes fairly.
This may be accomplished if you have sufficient evidence to prove that attending therapy is medically necessary for your child. For one, you may produce a prescription from your child’s physician. Or, a report from the guidance counselor or therapist at your child’s school, noting how your child’s educational performance is struggling due to their mental health. Lastly, an expert testimony from a licensed therapist or psychologist, who can explain a child’s mental health needs, especially during difficult times, such as their parents getting a divorce.
Even after all this proof, your ex may still counter your claim and disagree with putting your child in therapy. But at the end of the day, the court’s final ruling may override your ex’s objections. If they default on any of these therapy session payments, this is considered a violation of a court order, and they may get in serious trouble if you report it. Before you step before a New Jersey family court, you must seek a talented Bergen County family law attorney to stand by your side. Please contact our office, McNerney & McAuliffe, as soon as you are ready.