When parents are married, there are usually no legally-binding rules on how to provide for their children financially. However, when they separate or divorce, the term ‘child support’ sets in, accompanied by different elements. Irrespective of both parties’ opinions, they must adhere to their obligations, as stated in the child support order.
One vital component of the child support order is health insurance. The calculation of child support payments always includes premiums for health insurance. If one parent can provide coverage through his/her employer, the court will most likely order that parent to enroll the child. This court-ordered coverage is referred to as a medical child support order.
You may need to discuss with child support lawyers in West Chester PA, to find out more details about child support calculations.
What is a Medical Child Support Order?
The medical child support order requires parents to provide monetary support or health insurance coverage for dependents under their employee health plan. The state authorities typically issue this order in pursuant to domestic relations law or the social security act.
A 1993 amendment to the Employee Retirement Income Security Act (ERISA) required group health plans to extend this coverage to children of divorced, separated, or never-married employees when ordered to do so by state authorities.
What is a Qualified Medical Child Support Order?
A qualified medical child support order (QMCSO) sets dependents’ rights explicitly to receive medical benefits under group health plans. A QMCSO typically covers an employee’s non-custodial child, otherwise known as the alternate recipient.
Therefore, with a QMCSO, a custodial parent can file claims and obtain coverage for the child under the non-custodial parent’s group health plan. It provides coverage, whether or not the child and participant meet the conditions of the health plan. It also requires the health plan to enroll the child before the plan’s next enrollment period.
What is Required for a Medical Child Support Order to be Qualified?
A medical child support order must contain the following information to be qualified:
- The participant and alternate recipient’s names and last known mailing addresses. The order may substitute the name and mailing address of a State or local official for any alternate recipient’s mailing address.
- A reasonable description of the type of health plan to be provided or how the coverage should be determined).
- The period to which the order applies.
The group health plan’s administrator’s responsibility is to determine if a medical child support order is ‘qualified.’ Additionally, the administrator must treat a National Medical Support Notice (NMSN) as a QMCSO.
The administrator usually determines the qualification of a plan within a reasonable period after receiving the order. A clear and complete order will typically take a shorter time to review. Therefore, it’s essential to provide the right information so that the administrator can seamlessly implement the plan.
Consider hiring child support lawyers in West Chester, PA, to help you review your order.
Conclusion
If your co-parent has a group health insurance plan, your child may be entitled to medical benefits. Schedule a consultation with child support lawyers in West Chester, PA, discuss how you can obtain a qualified medical child support order.
