Final Decree Medical Insurance for the Children

[browneyez417]

My jurisdiction is: Finalized in WA, now living in OR

I was hoping that someone could help me understand just what exactly this section of my divorce decree means...this is from the Order of Child Support forms, final order:

3.18 Medical Insurance for the Children Listed in Paragraph 3.1

Unless one or more of the alternatives below are checked, each parent shall maintain or provide health insurance coverage if:

(a) Coverage that can be extended to cover the child(ren) is or becomes available to each parent through employment or is union-related.
(b) The cost of such coverage for the mother does not exceed $56.69 (25 percent of mother's basic child support obligation on Worksheet line 7), and the cost of such coverage for the father does not exceed $99.05 (25 percent of father's basic child support obligation on Worksheet line).

[X] Alternative 1: The parent below shall maintain or provide health insruance coverage that can be extended to cover the child(ren) is or becomes available to that parent through employment or is union-related and the cost of such coverage does not exceed $99.05 (25 percent of that parent's basic child support obligation of Worksheet line 7).

[] Mother
[X] Father



I am the mother of the child and have custody...according to the father, the health insurance offered by his employer well exceeds the $99.05 listed above. And so he has refused to insure her. The health insurance offered by my employer also well exceeds the $99.05 by about $100.

Since the divorce has been finalized, my daughter and myself have been covered by my mom's health insurance. That will be terminated at the end of this month because I am not at the age limit where I can no longer be consider a dependant. Therefore; I have no choice but to sign up for health insurance with my employer which will cost me an extra $400/month because I myself have to be signed up in order for my daughter to be insured.

My daughter has special needs and has a pre-existing condition, otherwise I would sign her up for an individual plan...we do not qualify for state assistance because I make "too much" money, although not enough to pay for my employer's health insurance.

Basically I need to understand if the father is in anyway responsible for any health insurance costs based on the paragraphs above.

Thank you.

 

[irish223]

Your order, if it's the standard order, shows your recourse below the section you quoted:

The parent(s) shall maintain health insurance coverage, if available for the children listed in paragraph 3.1, until further order of the court or until health insurance is no longer available through the parents' employer or union and no conversion privileges exist to continue coverage following termination of employment.

A parent who is required under this order to provide health insurance coverage is liable for any covered health care costs for which that parent receives direct payment from an insurer.

A parent who is required under this order to provide health insurance coverage shall provide proof that such coverage is available or not available within 20 days of the entry of this order to the physical custodian or the Washington State Support Registry if the parent has been notified or ordered to make payments to the Washington State Support Registry.

If proof that health insurance coverage is available or not available is not provided within 20 days, the parent seeking enforcement or the Department of Social and Health Services may seek direct enforcement of the coverage through the other parent's employer or union without further notice to the other parent as provided under Chapter 26.18 RCW.

Did your ex notify you within 20 days of the order? Does he pay child support through the Washington State Support Registry? If so, contact the Registry.

 

[browneyez417]

It is the standard order...containing your quote. He did not notify me in 20 days of the final decree, everyone knew he had health insurance available, but it would exceed the amount of $99.05 listed on my decree. So that's the part I am confused about...if it's more he doesn't have to pay anything? (hopefully that made sense)

He does not pay to the Washington State Support Registry, as it states he should. He gives me checks twice a month when I see him at our meeting point for his visits.

Thanks!

 

[irish223]

Your decree should state whether or not he is required to pay through the registry. I suspect that your order allows him to pay directly. Otherwise, he would be in arrears with the registry.

Since he did not notify you within 20 days, and since he doesn't pay through the registry, you can pursue it through the court. I think you will have to file a petition to compel his employer to provide the insurance and make the necessary deductions from his income.

I'm not sure which forms you'll need, other than contempt of court. If you had a lawyer, you should consult him/her, and request that your ex be required to pay the bill. If you didn't use a lawyer, you may be able to get information or help at the court house. You can also try calling the Registry to see if they can help or direct you to another resource. The following links may also help:

http://www.courts.wa.gov/forms/
http://www.courts.wa.gov/court_rules/?fa=court_rules.local&group=local
http://www.washingtonlawhelp.org/WA...ile.gif/iTopicID/862/ichannelid/7/bAllState/0

 

[irish223]

everyone knew he had health insurance available, but it would exceed the amount of $99.05 listed on my decree. So that's the part I am confused about...if it's more he doesn't have to pay anything? (hopefully that made sense)

Just to clarify, he had an obligation and opportunity to contest the terms of the order before it was final. If he knew the health insurance would be more than $99.05 when the order was written, then he was obligated to inform the court. Since he didn't, and did not notify you within 20 days, then he may very well be on the hook for whatever it costs him.

If he had notified you within 20 days, then you would have headed back to court to have the order modified. You both would probably have had to contribute more to the cost of the insurance in that case.

Good luck to you, I hope it works out.