Local Rule 26
HEALTH CARE EXPENSES & INSURANCE
FOR MINOR CHILDREN
26. (A) Unless otherwise
specified, when the Court uses the term "uninsured medical expenses"
in domestic relations proceedings, it shall be construed as all necessary medical,
dental, orthodontic, optical, hospital, and prescribed drug expenses that are
not covered by insurance.
26. (B) If
heath care insurance is available to cover health care expenses to either of
the parties through his/her employment at a reasonable cost to said party, that
party shall apply for said medical insurance and each of the parties shall
submit all medical, dental, optical, hospital, and prescribed drug expenses of
the minor children to said medical insurers.
26. (C) Any
uninsured medical expenses shall be paid by the respective parties in
accordance with their respective percentages of the family income as said
percentages are calculated on the Child Support Guideline Worksheets. The obligor shall be given credit for any and
all cash medical support payments that they have made toward their percentage
total of the aforedescribed uninsured medical expenses to the extent that the
same have been paid directly to the obligee.
26. (D) Either parent who
has health care insurance available to him/her under this Rule, through his/her
employment, shall supply the other parent with a medical insurance card and any
other blank forms or other documentation needed to submit the medical expenses
of the minor children to the insurance company.
26.
(E) The
responsibility for providing medical insurance remains with the parent or
parents who have been ordered to provide medical insurance. However, that parent’s obligation shall be
deemed to have been met if that parent’s current spouse or significant other
has insurance through his or her employer that covers the children of the
order. The parent who has the
responsibility to provide medical insurance shall produce documentation
satisfactory to the Court or Crawford County Child Support Enforcement Agency
of such insurance. When the Court or
Agency is satisfied that the spouse or significant other of the parent who has
the responsibility to provide medical insurance has the children of the order
covered by his or her insurance, the Agency, subject to the Court’s authority,
will terminate or cancel any National Medical Support Notice (NMSN) that may
have been issued to the employer of said parent.
In the event that such insurance is no
longer available due to termination of employment, divorce, separation,
cancellation, or other action, the parent who has the responsibility to provide
medical insurance shall immediately notify the Agency. If such parent has medical insurance through
his or her employer, the Agency shall immediately cause a NMSN to be issued to
said employer.
26.
(F) Despite
the provisions of O.A.C. 5101:12-47-01, unless the Court orders otherwise
(pursuant to O.R.C. 3119.302), O.R.C. 3119.29 shall define the reasonable cost
of insurance. The Court, in its
discretion, may order insurance at a greater cost or decline to order insurance
at a lesser cost depending on the availability of other insurance or medical
benefits for the child or children, the totality of the circumstances of the
parties, and the best interests of the child or children (pursuant to O.R.C.
3119.302).
If the cost of medical insurance plus
the child support plus the support orders issued in any other case exceed the
Consumer Credit Protection Act (CCPA), the Court will not require the child
support obligor to obtain medical insurance.
26. (G) That
local form 26.1, which is subject to modification by the Court, shall be deemed
sufficient under this rule for addressing the Health Insurance provisions of
O.R.C. 3119.29 et seq.
26.
(H) That
local form 26.2, which is subject to modification by the Court, shall be deemed
sufficient under this rule for addressing the child support provision of O.R.C.
Chapter 3119 save and except in the event of a deviation. Should the parties request a deviation in
child support, then they must comply with the deviation provision of O.R.C.
Chapter 3119.
(Revised
(Revised
(Revised August 23, 2011)