In re Marriage of Alvis

          El Paso County District Court No. 11DR2085 Honorable Deborah J. Grohs, Judge

          Announced June 27, 2019 Weeks & Luchetta, LLP, Alexander M. Masterson, Colorado Springs, Colorado, for Appellee

          Law Office of Greg Quimby, P.C., Greg Quimby, Erica Vasconcellos, Cody Christian, Colorado Springs, Colorado, for Appellant

          OPINION

          HARRIS, JUDGE

         ¶ 1 In this post-dissolution of marriage proceeding involving Michelle Lea Alvis (mother) and Norman Foster Darrell Alvis (father), father appeals the district court's 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 father's 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 mother's appellate attorney fees request under section 14-10-119, C.R.S. 2018.

         I. Background

         ¶ 3 The parties' marriage was dissolved in March 2012. The court found that equal parenting time for the parties' three children was in the children's 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 mother's 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."

         II. 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 ...