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LAW OFFICE
OF
SUSAN CASTLETON RYAN, P.C.
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WHO
PAYS THE UNINSURED MEDICAL AND DENTAL EXPENSES FOR THE UNEMANCIPATED CHILDREN AND THE PARTIES?
Uninsured
medical and dental expenses are those expenses that are not covered
by health and/or dental insurance. They may include deductibles
or co-payments imposed by the insurance plan for non-elective,
reasonable, necessary, uninsured medical, dental, pharmaceutical,
optical, orthodonture, and psychological
expenses. The current child support guidelines obligate the
custodial parent to be responsible for the first $250.00 of uninsured
expenses for the unemancipated children
each year, with the Parties equally sharing any remaining expenses
incurred. In some cases, and in some courts, the Parties agree
and/or are ordered to equally share all the uninsured expenses.
The obligation to pay such expenses for the children continues in
effect until emancipation.
It
is important that specific guidelines be clearly established as to
what documentation is required, such as receipts, cancelled checks,
or other form of payment, to verify that in fact such expenses have
been incurred. It is advisable to agree when the documentation
is submitted, either monthly, quarterly, or such other time as the
Parties agree.
Finally,
it is essential to determine how many days the other Party has to pay
his/her share of the children's uninsured expenses. Depending
on the specific circumstances it could be fourteen (14), thirty (30),
or such time as the Parties mutually agree.
In
most cases each Party is responsible for his/her uninsured medical
and dental expenses. If there are unusual and/or extraordinary
situations, the Court may obligate one Party to pay the other Party's
expenses.
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WILL YOUR HEALTH
INSURANCE COVERAGE CONTINUE AFTER THE DIVORCE IS FINAL?
Child related issues, such as custody, support and visitation are usually considered to be the most
important, and most litigated issues in a divorce matter. It is
also extremely important to correctly address the issue of health and
dental insurance coverage for unemancipated
children, and both parties. Massachusetts residents are
required to maintain health insurance coverage. In most
situations, one of the Parties provides the health insurance,
and perhaps dental insurance as well, through his/her employer.
He/She is the subscriber.
The "family plan" is the plan most employers
offer to employees. As long as the Parties are married, there
is usually no issue as to coverage, for either the Parties and/or the
children, until the children become emancipated, and/or are no longer
eligible for coverage under the existing plan.
However, divorce proceedings can, and usually do, affect
health and dental insurance coverage. Once divorce proceedings
begin, Parties should obtain information regarding their present
health and dental insurance coverage, and whether he/she will be
eligible for continued coverage at the time the divorce is
final. Do not assume your coverage remains intact, and/or that
you will automatically have continued coverage. That decision
is often not made by the subscriber spouse, but by the health
insurance plan terms.
Health plans may be fully insured or self-insured, and
divorcing spouses must be aware of what type of plan is providing
coverage. Health insurance benefits are provided in one of two
ways: Employers purchase health insurance from an insurance
company, that is fully insured plans, or they provide health benefits
directly to the employees, as self insured
plans.
In fully insured plans, the employer pays a per employee premium to an insurance company,
and the insurance company provides health coverage for insured
events. It is the insurance company who determines the scope of
the coverage.
In self-insured plans, the employer acts as its own
insurer, and does not purchase health insurance from an insurance
company. Self-insured plans often contract with an insurance
company or other third party to administer the plan, but it is the employer,
not the insurance company or third party that bears the risk.
Since the employer is the insurer, the company can determine the
scope of coverage, including eligibility status, and non-qualifying
events. A non-qualifying event may be a legal separation or divorce, that would or could make one Party
ineligible for continued coverage. Most self-insured plan
coverage will terminate for the non-subscriber spouse as of the date
of the divorce absolute, or date when the divorce is final.
Parties would be wise to obtain information as to
whether the spouse providing health insurance is covered by a fully
insured or self-insured plan. That information is routinely
provided pursuant to Mandatory Disclosure Rule 410. If it is
not provided, it should be requested. Once the information and
eligibility requirements are disclosed, the Parties will be able to
negotiate an appropriate provision for health insurance
coverage. Parties are advised to see an attorney to obtain
further information regarding this important item.
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DID YOU KNOW. . . ?
1. That cases in the
Massachusetts Probate & Family Court are heard by judges, and not
juries?
2. That Plymouth County was
created on June 2, 1685, and named for the English port city of
Plymouth?
3. That the Plymouth Probate
Court was established on June 2, 1685?
4. That the Plymouth Probate
& Family Court has records dating back to 1633?
5. That Governor William
Bradford was elected 30 times to be governor?
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HAPPY HOLIDAYS!
The most festive time of year is here. It is a
time for family gatherings, gift exchanges, and of course, delicious
food. For the past two years, the office has donated the cost of
cards and postage to the Abington Food Pantry instead of sending
holiday cards and greetings to our families, clients, and
colleagues. This year we have decided to once again make a
donation to the Abington Food Pantry. The Food Pantry serves the
Abington community, providing food and toiletry items for those in
need. We hope our donation will help others who need assistance
at this time. If you wish to support his worth organization,
or others on the South Shore, please click here for information.
Paula, Rachel, and I wish you and your families Happy
Holidays, and hope the New Year brings health and prosperity to
everyone.
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If anyone has a topic that would be of general interest, please do not
hesitate to contact the office and let us know what items would be of
general interest to the readers of this newsletter.
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Susan C. Ryan, Esq.
Law Office of Susan Castleton Ryan, PC
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This newsletter is designed to keep
you up-to-date with changes in the law. For help with these or
any other legal issues, please call our firm today.
The information in this newsletter is
intended solely for your information .
It does not constitute legal advice, and it should not be relied on
without a discussion of your specific situation with an attorney.
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