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 parentís obligation shall be deemed to have been met if that parentís 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 Courtís 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 October 14, 2003)

(Revised April 9, 2010)

(Revised August 23, 2011)