With all of the press surrounding Obamacare and
health insurance plan compliance, it led me to thinking about divorced or
separated couples covering their kiddos on their health insurance (because the
law is what an attorney day dreams about). Often times the court only
requires one parent to provide the insurance, for a variety of reasons.
One parent’s plan may be too expensive, or the benefits may not be as good as
the other’s coverage. The individual incomes of each parent, whether or
not they fall below a certain percentage of the federal poverty level, and if
the child is covered by Medicaid are also factors for the court to consider.
Both parents may have a legal obligation to provide
coverage for their children, if available at reasonable cost. The word
“reasonable” is quite open to interpretation in all areas of the law (and life
in general), but luckily for all of us, the Michigan Child Support Formula
Manual spells that out. A “reasonable cost” for health care coverage is
no more than 5% of that parent’s gross income.
Talking about health care insurance routinely raises
one’s blood pressure when you contemplate what you pay for coverage and what
the insurance company provides you with in benefits. It seems like the
companies deny claims right and left despite the enormous premiums you pay each
year. I regularly feel like I need a drink after getting off the phone
with my insurance company. Many parents cover the children on their
health insurance regardless of whether or not it falls within the 5% dollar
amount, because they make too much money to qualify for a government assisted
plan but don’t want their children to go without coverage.
If you cover your children on your health care
insurance and either receive or pay child support, be certain to include that
coverage amount for child support calculation purposes. The parent paying
for the health care coverage will receive a credit (read: deduction) in the
formula if he pays support, or a premium adjustment payment (read: additional
support monies) if he receives support. Additionally, if the cost of your
health care skyrockets at each yearly open enrollment, you may wish to have
child support reviewed based on this new, higher cost that you are
contributing.
For those of you who might be worried that you are
paying a premium adjustment to your ex and reimbursing her for her personal
health care coverage, don’t fret. The child support formula calculates
the cost for the children only based on the number of individuals on the
policy.
One last bit of medical advice: the next time you have to call up your
insurance company to find out why your son’s asthma medication isn’t covered
anymore, pour that drink before you pick up the phone.
If you are interested in learning more, or
downloading a free copy of the Michigan Child Support Formula Manual and its
supplement, you can find them both on the Michigan Courts One Court of Justice
website: http://courts.mi.gov/Administration/SCAO/OfficesPrograms/FOC/Pages/Child-Support-Formula.aspx.
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