IN RE the MARRIAGE OF Michelle Lea ALVIS, Appellee, and Norman Foster Darrell Alvis, Appellant.
Paso County District Court No. 11DR2085, Honorable Deborah J.
& Luchetta, LLP, Alexander M. Masterson, Colorado Springs,
Colorado, for Appellee
Office of Greg Quimby, P.C., Greg Quimby, Erica Vasconcellos,
Cody Christian, Colorado Springs, Colorado, for Appellant
1] In this post-dissolution of marriage proceeding
involving Michelle Lea Alvis (mother) and Norman Foster
Darrell Alvis (father), father appeals the district courts
order concluding that under section 14-10-115(10)(h)(I) and
(II), C.R.S. 2018, neither parent can request reimbursement
from the other parent for uninsured medical expenses for
amounts less than $250 per child per year.
2] To resolve fathers appeal, we must address an
issue that has not been decided in Colorado — who bears
responsibility for the first $250 of uninsured medical
expenses per child per year when the parents share parenting
time equally. Because we decide that those expenses are
accounted for in the parents shared basic child support
obligation, we affirm. We also remand the case for
determination of mothers appellate attorney fees request
under section 14-10-119, C.R.S. 2018.
3] The parties marriage was dissolved in March
2012. The court found that equal parenting time for the
parties three children was in the childrens best interests
and declined to designate a primary residential parent. Based
on the child support schedule, the court ordered father to
pay mother $453 per month in child support.
4] In November 2017, father moved for an order
requiring mother to pay the first $250
of uninsured medical expenses per child per year. In its
order, the court "reminded [the parties] that [mother]
is responsible for the first $250 of uninsured medical
expenses per child per year."
5] Mother then moved for relief under C.R.C.P.
59(a), contending that the district court had discretion to
allocate to either parent the first $250 of uninsured medical
expenses per child per year. She asked the court to allocate
the expenses in proportion to the parties incomes. Father
reiterated his view that they were mothers responsibility
because she was receiving child support.
6] The court disagreed with both parties and
interpreted section 14-10-115(10)(h)(I) and (II) "to
mean that neither party can request reimbursement of
uninsured medical expenses from another party for amounts
less than $250 per child per year."
Uninsured Medical Expenses
7] Father contends that the district court erred in
ruling that neither parent can request reimbursement from the
other parent for the first $250 of uninsured medical expenses
per child per year. He contends that mother, because she