Health Insurance

[bama24]

Background: Father had child on his employer insurance from time of divorce, June 2004 until April 2007. Father changed jobs and his individual insurance was paid by new employer. Father put child on a individual BCBS plan and has continued to pay monthly premiums. However, the new insurance does not cover anything until the $500 deductible is met.

Question: Would the $500 deductible be considered uncovered medical expenses and each parent pay 1/2?

Mother refused to pay half last year and Father paid all. He reimbursed her for each office visit until the deductible was met. (Mother stated she did not have to pay the deductible because he changed insurance companies, because he did not tell her he was changing insurance companies, and because health insurance is calculated in the child support!) Facts: Health insurance was NOT calculated with child support, he changed jobs which required new insurance, and he provided her with the new insurance information, card, and benefit booklet in April when he changed it. 

Child has not had any medical treatment this year, until recently. This issue is bound to arise again. His lawyer states that it IS considered uncovered medical expenses. However, like everything else, her lawyer seems to be telling her that it IS NOT considered uncovered medical expenses.

Please help. Thanks.   

Divorce papers state "Husband shall maintain health insurance on the parties' minor child. Husband and wife shall each pay one half (50%) of the uncovered medical expenses, co-pays and prescriptions for the minor child."

Also, the paper does not state anything about him having to "tell her" or get her "permission" about changing insurance companies. He thought that mailing her the information was sufficient.

[TC]

I don't have an answer for you...but I do wonder if you really want to even entertain a court battle over 250.00....is it really even worth it?

TC

[sport22]

My ex and I pay half of all medical expenses which includes the deductibles. It is referred to as any out of pocket medical expenses. Hope this helps.

[m_t]

Why does Dad not have her covered under his plan at work?

[m_t]

His change in jobs/job markets - was that a voluntary change?

[m_t]

Yes, it matters very much. I likely should have asked that first, but it didn't click right away. A voluntary change is NOT going to give him a downward modification. He chose to change the the quality of health insurance, and Mom is not likely to be penalized for that. He will keep paying the same amount of child support, and if she has a lawyer with an ounce of brains, he's going to picking up the extra in terms of the deductible as well should he decide to take it to court. Sorry.

[TC]

I agree with MT 100%.  What is at stake here is the child's accustomed lifestyle...in the view of the court, it WILL be maintained unless there are extenuating circumstances that are out of the parent's control.

TC

[m_t]

Then he should be thankful. If he took it to court to have her ordered to pay half, it is unlikely he'd get that provision.

[m_t]

I don't understand what "unless these amounts are on an individual basis" means. The other part says that Dad pays it all.

[TC]

Yup, what MT said...I don't see anything in there that indicates the ex expects or plans to pay a red cent for anything.

TC

[TC]

If he was fired for cause and can show documentation to this effect, the court might take that into consideration...but will look at that as only a piece of the puzzle, it will not be the determining factor...they will more than likely want to know how long he has been in this capacity, what special qualifications he has for this position, etc. etc. etc.

My opinion....run the numbers through the local Child support calc and use that as a base...have hubby and ex work out this other bullshit on the side...if you guys go into court quibbling about it...the court will not look favorably upon either party and in the long run, the time and effort spend on the quibbling would be much better spent focused on the child or children in question.

TC