Medical reimbursement question

[rini]

 dear Socrateaser

Hello

I have a question for you about what would be the controlling order for medical reimbursement.

Facts..

Child support order  with order for medical is in Pennsylvania

Custody order/ parenting plan is in Florida.

Kids and exwife live in Florida.

We live in PA where child support is calculated along with a medical insurance coverage for my DH to cover the kids.  Child support order in PA since 1995.

Child support order stipulates to amount $$$ for 2 children and orders him to pay for medical insurance.

PA child support order also stipulates that there is a 250 per child deductable per year.  until he has to reimburse her.  


Now here is the tricky part Florida parenting plant that I prepared has that (BOTH) parents are to cover the children on their medical plans and that they will split the costs 50 /50  with 30 days notice and 30 days for submition of payment.

She doesn't carry the kids on her medical.

She just submitted to me a request for payment for a visit for a broken arm in September.  She says she mailed once before also requests for payments for copayments for doc visits.  ( there would be no copay if there were 2 insurances primary and secondary.)  Says we owe her 161.00  I think we owe her nothing...


Which state controls the medical reimbursement????  Pa or Florida?


If you need more information i will happily supply.


What would be the way to reply to this?


Thank you for your time in advance

God Bless

[socrateaser]

>Which state controls the medical reimbursement????  Pa or
>Florida?

1. Please post the EXACT text of both orders re insurance.

2. What is the date of entry into the court file of each order?

Ordinarily, insurance is considered in the "nature" of support, and if PA has continuing, exclusive jurisdiction over support, then the FL section re insurance would be invalid and unenforceable. But, your post implies that you both signed a stipulated parenting plan, so you agreed to permit this support modification in FL.

It is arguable that even if you agreed, that the FL order is not enforceable unless you submitted written notice to the PA court that you intended support to be determined under FL law. It could also be argued, that by agreeing to the FL stipulated order that you have bothe impliedly granted FL continuing, exclusive jurisdiction over support, and removed PA from the equation entirely.

I suspect that the latter argument is not at all what you intended.

So, although your question seems a simply one, it is actually a real toughy.

[rini]

hello

Florida  date 12 -18 -2001
1.  The father will pay child support under the Pennsylvania's child support guidelines.  The Commonwealth of Pennsylvania shall retain Sole and Original  Jurisdiction of the child support order and any modification thereof.
 This parent shall be obligated to pay child support to the primary residential parent and the support will continue until the child is 18,  blah blah blah.....

2.  Health Insurance (x) mother (x) father will maintain health insurance coverage for the parties, minor children.  the party providing insurance coverage will provide insurance cards to the other party showing coverage.  

    _x_  a. shared equally by both parties
 
     ___  b. prorated according to the child support guideline percentages

    ___   c.  Other


As to these uninsured/ unreimbursed medical expenses , the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days and the other party shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph.

Section V.  The state of Florida will have continuing jurisdiction over the custody decree and settlement agreement.

the custody and settlement agreement shall be only modifiable in the state of Florida If the residence of the primar custodial parent should move to another state the jurisdiction of the custody issues would move to that state.



Pennsylvania Modification of order from 99.    Ordered April 19, 2002.


The defendant shall carry medical coverage on the two children.    The plaintiff is responsible for the first 250.00 in unreimbursed medical costs per year per child  Reimbursement for expenses not covered shall be split by the parties 50/50.

[socrateaser]

Based on the dates, the PA order controls to the extent that it differs or supplements the FL order. If the FL covers some issue not addressed in the PA order, then the FL order controls.

So, my quick interpretataionis, that the $250 is valid, and then 50/50 for any additional amounts.

[rini]

NM