Medical

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Medical

Federal and state law now requires that the Friend of the Court notify the party’s employer to enroll the dependant children in a health care plan (medical insurance). A Notice of Order for Dependant Health Care Coverage will be sent to the employer and whenever a party changes employment. The Notice is sent to the employer within two business days of the Friend of the Court learning of employment. Parties will be sent a copy of this notice if the Friend of the Court has their current address, please check with your employer to see what options are available. A party has fourteen (14) days to file an objection with the Friend of the Court.

Objection:

Must be in writing
Must be signed and dated by the objecting party
Must only object because the cost is unreasonable
Must include your case number, name, and address

Parties may wish to change the requirement that both parents maintain health care coverage through employment. A new spouse could be maintaining coverage or the parents could agree that only one need to maintain coverage at the present time. A written agreement signed by the parties may be submitted to the Friend of the Court and an order designating the insurance policyholder will be prepared and sent to the court for judicial signature. A party may ask assistance from an attorney to file a petition (motion) if the parties are not in agreement.

How reasonable cost is determined

One-half of any employee’s net pay is generally used as the limit for the combined child support and healthcare coverage amounts (Federal law allows up to sixty-five per cent in special circumstances). If the cost of the healthcare, when added to any Income Withholding Notice is less than fifty per cent of the net pay, health insurance may be enforced. If a party objects, and the portion of the health insurance costs related to the minor child(ren) of the case is greater than 5%, the insurance may not be enforced.

Health Care Expenses

The Friend of the Court will enforce payment of medical bills if your judgment provides for payment of the specific expenses.

Generally, both parents are Court ordered to share the costs of uninsured medical expenses; therefore, it is imperative that the parties communicate with each other if there are medical bills that must be paid. No child should be denied treatment for failure to pay a medical bill; therefore, parties must cooperate and ensure that the following procedures are followed:

• The parent taking the child to the medical appointment should request a bill from the physician that includes the name of the child, date and nature of the service performed on that child.

• When possible have the doctor or dentist mail the monthly statement directly to the parent responsible for the balance due.

• Use the primary insurance coverage whenever possible to keep the medical costs to a minimum.

• Inform the non-custodial parent of medical service that must be performed, and attempt to work out a payment plan with the physician in advance of the service.

• Medical accounts for children should be kept separate from the custodian or children of another spouse so that medical statements are clear that the services were rendered to the child under the support order.

The custodial parent will generally make all decisions regarding medical care such a choice of doctor, nature and extent of care and timing of non-emergency care. If at all possible, the non-custodial parent should be consulted, certainly on major decisions such as orthodontic work and operations. Specialized courses of treatment may require a separate court order unless specified in the Judgment. If the parties cannot agree on whether a medical service is reasonable, a party may file a petition (motion) to have the Court determine reasonable. The Judge’s decision is not bound by the opinion of a physician or insurance agent.

It is recommended that uninsured medical expenses not covered as ordinary medical expenses will be divided between the parents on a pro-rata basis. Your judgment will specify a percentage amount that each party will be responsible to pay toward uninsured health care expenses. The custodial parent is responsible for providing the non-custodial parent with a copy of the medical statement to allow payments to be made before a demand for medical is authorized.

Premiums are not considered uninsured costs. Please submit your explanation of benefits to the Friend of the Court office and request your health care provider to supply additional medical cards. A medical card should be provided to the other parent to be used if the minor child requires medical assistance while in their care and custody.

Demand for Medical

Parties of an existing order must expend $24.08 per month for each child in their case on uninsured health care expenses, the total amount per year (per child) is $289.00, if there is more than one child in your case you must multiply $289.00 by the number of children. The yearly total for uninsured health care, $289 or more, (depending on the number of children in the case) must be exhausted before the custodial parent is eligible to seek a demand for medical through the Friend of the Court office. Again, before filing your demand for medical with the Friend of the Court office, you must exhaust your yearly-uninsured medical cost.

Demand for Medical Form — Please follow the instructions prior to filing this form with the Friend of the Court office.