Q: Who pays for health insurance and uninsured medical expenses, and how is it calculated into a child support order?
 |
| Atty. Kashoua Yang |
A: In making an order of child support, courts must make an order as to who will pay for medical insurance and who must pay the medical expenses not covered by insurance. Child support under Wisconsin’s percentage guidelines is not intended to be used for health costs for the minor child(ren).
Either or both parents may be ordered to provide health insurance coverage if the service providers are accessible and the cost of enrollment is reasonable. To be considered reasonable, the cost of enrollment cannot be more than 5% of the parent’s gross income. The child support order may be adjusted upward or downward to reflect the medical support obligation. For example, if the child support obligation is $100 per month and the court orders contribution by the other party of $25 per month, the payer’s final child support order would be $75 per month.
The court must also order the parent carrying the insurance to give insurance information and the insurance card to the other parent. If the parent fails to do so, the other parent can try to get the card directly from the employer by showing a copy of the court order.
If a parent is ordered to provide health insurance coverage for the minor child(ren), the employer must allow enrollment, even if it is outside of the enrollment period. If the parent changes jobs, the county child support agency shall provide notice to the new employer about the obligation of coverage under the court order.
If you have any further questions, please feel free to contact Attorney Kashoua Yang at Hawks Quindel, S.C., 414 271 8650 or KYang@HQ-law.com.
Disclaimer
The information provided is not for the purpose of providing legal advice. The legal analysis of any situation depends on a variety of factors which cannot be properly represented or accounted for on this informational material. If you have questions on your specific factual situation, you should contact an attorney.
Have a question for Ask A Lawyer? Email bwegner@milwbar.org. And visit Milwaukee Bar Association’s Lawyer Referral Service at www.findmilwaukeelawyers.org for additional information.
