Local Rule 26
HEALTH
CARE EXPENSES & INSURANCE FOR MINOR CHILDREN
26. (A) Unless otherwise specified,
when the Court uses the term "extraordinary health care expenses" in
domestic relations proceedings, it shall be construed as all necessary medical,
dental, orthodontic, optical, hospital, and prescribed drug expenses in excess
of $100.00 per year per child.
26. (B) In accordance with the
policy under the Child Support Guidelines, the residential parent shall pay the
ordinary health care expenses, being defined as necessary medical, dental,
orthodontic, optical, hospital and prescribed drug expenses not exceeding
$100.00 per year per child.
26. (C) If health care insurance is
available to cover ordinary or extraordinary 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. (D) Any extraordinary health
care expenses which are uninsured, 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, to the
closest ten percent.
26. (E) 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. (F) 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. (G) Unless the Court orders
otherwise, the cost of insurance is deemed to be reasonable if the total cost
of the insurance to the medical insurance obligor is 10% or less of the medical
insurance obligor’s gross income. 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.
If the cost of medial 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. (H) All court or administrative
orders will attach a copy of this Rule together with Local Rule 27.
(Revised October 14, 2003)