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Uninsured & Unreimbursed Expenses

Quick Facts

If adding a child would not increase premiums, then the court will order such an arrangement.
If a parent has to obtain coverage to cover the child, then the cost will be divided.

The cost of health care coverage and all unreimbursed and uninsured medical expenses under the health plan are divided between the obligor and obligee based on their proportionate share of the parents' combined monthly PICS. The amount allocated for medical support is considered child support but is not subject to a cost-of-living adjustment.

If a parent owes a joint child support obligation for a child and is ordered to carry health care coverage for the joint child, and the other parent is ordered to contribute to the carrying parent's cost for coverage, the carrying parent's child support payment will be reduced by the amount of the contributing parent's contribution.

If a parent owes a joint child support obligation for a child and is ordered to contribute to the other parent's cost for carrying health care coverage for the joint child, the contributing parent's child support payment will be increased by the amount of the contribution.

If the parent who is ordered to carry health care coverage for the joint child already carries dependent health care coverage for other dependents and would incur no additional premium costs to add the joint child to the existing coverage, then the court cannot order the other parent to contribute to the premium costs for coverage of the joint child. In this way, the parent who can add the obligation at no additional expense cannot profit from taking in money for premiums while not having to pay out money for additional premiums.

If a parent who is ordered to carry health care coverage for the joint child does not already carry dependent health care coverage but has other dependents who may be included in the ordered coverage, then the full premium costs of the dependent health care coverage will be apportioned between the parents proportionate to the parent's share of the parents' combined PICS, unless the parents agree to a different arrangement.

If a parent who is ordered to carry health care coverage for the joint child is required to enroll in a health plan so that the joint child can be enrolled in dependent health care coverage under the plan, then the court will apportion the costs of the dependent health care coverage between the parents.

The costs of the health care coverage for the parent who is ordered to carry the coverage for the joint child should not be apportioned between the parents.

Collecting Unreimbursed or Uninsured Medical Expenses

A parent requesting reimbursement of unreimbursed or uninsured medical expenses must initiate a request to the other parent within two years of the date that the requesting parent incurred the unreimbursed or uninsured medical expenses. If the court orders contribution towards unreimbursed or uninsured expenses, a two-year limitations provision must be applied to any requests made on or after January 1, 2007. Requests for unreimbursed or uninsured expenses made after January 1, 2007, may include expenses incurred before January 1, 2007, and on or after January 1, 2005.

A requesting parent must mail a written notice of intent to collect the unreimbursed or uninsured medical expenses and a copy of an affidavit of health care expenses to the other parent at the other parent's last known address.

The written notice must include a statement that the other parent has 30 days from the date the notice was mailed to (1) pay in full; (2) agree to a payment schedule; or (3) file a motion requesting a hearing to contest the amount due or to set a court-ordered monthly payment amount.

If the public authority provides services, the written notice also must include a statement that, if the other parent does not respond within the 30 days, the requesting parent may submit the amount due to the public authority for collection.

The affidavit of health care expenses must itemize and document the joint child's unreimbursed or uninsured medical expenses and include copies of all bills, receipts, and insurance company explanations of benefits.

If the other parent does not respond to the request for reimbursement within 30 days, the requesting parent may commence enforcement against the other parent, file a motion for a court-ordered monthly payment amount, or notify the public authority that the other parent has not responded.

The notice to the public authority must include: a copy of the written notice, a copy of the affidavit of health care expenses, and copies of all bills, receipts, and insurance company explanations of benefits.

To contest the amount due or set a court-ordered monthly payment amount, a parent must file a timely motion and schedule a hearing in district court or in the expedited child support process. The moving parent must provide the other parent and the public authority, if the public authority provides services, with written notice at least 14 days before the hearing by mailing notice of the hearing to the public authority and to the requesting parent at the requesting parent's last known address. The moving parent must file the affidavit of health care expenses with the court at least five days before the hearing. The court or child support magistrate must determine liability for the expenses and order that the liable parent is subject to enforcement of the expenses as arrears or set a court-ordered monthly payment amount.

Enforcing Unreimbursed or Uninsured Medical Expenses as Arrears

Unreimbursed or uninsured medical expenses are collected as arrears.

If the liable parent is the parent with primary physical custody, the unreimbursed or uninsured medical expenses must be deducted from any arrears the requesting parent owes the liable parent. If unreimbursed or uninsured expenses remain after the deduction, the expenses must be collected as follows:

If the requesting parent owes a current child support obligation to the liable parent, 20 percent of each payment received from the requesting parent must be returned to the requesting parent. The total amount returned to the requesting parent each month must not exceed 20 percent of the current monthly support obligation.
If the requesting parent does not owe current child support or arrears, a payment agreement is required. If the liable parent fails to enter into or comply with a payment agreement, the requesting parent or the public authority, if the public authority provides services, may schedule a hearing to set a court-ordered payment. The requesting parent or the public authority must provide the liable parent with written notice of the hearing at least 14 days before the hearing.

If the liable parent is not the parent with primary physical custody, the unreimbursed or uninsured medical expenses must be deducted from any arrears the requesting parent owes the liable parent. If unreimbursed or uninsured expenses remain after the deduction, the expenses must be added and collected as arrears owed by the liable parent.