It’s a cliche to say that nobody wins in a divorce, but the children can lose more than most and one of the things that they can lose in their health insurance. Even though the children’s health insurance usually is provided for in the custody agreement, we all know that that is easier said than done in practice. The children’s health insurance situation is really all up to how cooperative the parents are.
Hopefully, you and your ex are able to cooperate in providing the health insurance coverage that your children need. However,if you are a custodial parent, and your children’s noncustodial parent is not cooperating, federal law may be able to help you through a court order. A court order known as
a Qualified Medical Child Support Order (QMCSO) gives custodial parents the right to obtain health insurance coverage for their children through the noncustodial parent’s group health plan, if the noncustodial parent has such coverage. The children can’t be denied access to the noncustodial parent’s health insurance plan.
A QMCSO can also be helpful to a custodial parent after the health insurance coverage has been put in place. The QMCSO can get the health insurance plan premiums out of the noncustodial parent’s paycheck. Reimbursements for medical care can also be made directly to the noncustodial parent if a doctor has been paid upfront. QMCSOs also bar noncustodial parents from picking health plans that are unsuitable for the children.
Does your ex-spouse provide health insurance for your children? Tell us about it in our discussion forum!
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