Federal law defines medical support as health insurance available to non‑custodial parent from employer at a reasonable cost
Fails to define reasonable
There is a new medial support order form all states are required to use.
Interstate insurance companies now accept our of state medical support orders for insurance.
IV‑D agency required to sign up kids, obtain insurance claim cards. ID cards for children if non‑ custodial parent does not do so.
You have a right to obtain a court order for medical support for your children from the non-custodial parent. This order can be part of your temporary order, divorce decree, paternity decree or separation order.
If your current order does not have a requirement for medical insurance for the children or arrangements for payment of medical bills or you do not have a court order of any kind you can get one by:
1. Contacting the local child support agency (IV-D). Completing an application at the IV-D office.
~OR~
2. If you are a IV-D client, you can request a modification of your child support order to include medical support.
~ OR ~
3. You can hire a private attorney to obtain a medical support order.
~ OR ~
4. You can represent yourself in court, pro se.
Items to Include in Medical Support Orders:
1. A requirement that (if non-custodial parent is to have medical insurance for the children) you are provided with signed insurance claim forms, insurance identification cards and policy numbers or any other paperwork that you may need to cover your children, annually.
2. Immediate notice to you by the non-custodial parent if the insurance lapses for any reason.
3. A specific listing of how bills are to be paid if not covered by the medical insurance, or if none is available to either parent such as: Medical insurance pays 80% of medical bills: The remaining 20% is divided evenly between the parents or paid in full by the non-custodial parent or 20% paid by the custodial parent and 80% by the non-custodial parent.
Collecting Back Medical Bills Owed: There is no current federal requirement for the child support agency to help you collect past due medical bills. You can represent yourself in court or hire a private attorney to collect the past due bills.
If you obtain a lump sum judgement (a court order which states that the parent owes the bills and lists the specific amount owed) from the court for the amount of medical bills, the IV-D agency must collect on the judgement for you.
REPRESENTING YOURSELF IN COURT
You must file a motion with the court. In some counties, the Clerk of Courts has pre-printed forms you can use. In other places, you must make your own forms. Check with your local legal library or online to see samples of forms used in your county.
1. Type form or use pre-printed form provided by the Clerk of Courts. Example:
(Name of Court)
Mary Smith | CASE #: 992641
Plaintiff |
| Sample Motion to Show Cause
vs |
John Smith
Defendant
Now comes the plaintiff, (your name) , and states that on (date of court order) an order was entered in the above cause which provides as follows: (fill in EXACTLY what the court order says about medical support).
Plaintiff states that defendant has violated said order in that: There are (list unpaid medical bills here: who they are owed to and the amount and for which child)
WHEREFORE, Plaintiff moves that defendant be cited to appear before court to show why he should not be punished for contempt of Court. ( List what you want done here)
(your signature)
2. Take the form to the Clerk of Courts and file. There is usually a small fee. If you can not afford the filing fee, you can submit an affidavit of poverty stating that you are living at or below the poverty level.
3. The Clerk of Courts will legally notify the defendant of the court hearing by certified mail or personal service of the legal papers and notify you of the court date.
At the hearing, have your medical bills well organized. The court will want to see the original bills received from the doctors, hospitals, etc.