Dear Socrateaser, Unreimbursed Medical question

[Mommyofone]

Order is in the Commonwealth of Pennsylvania, The order says unreinbursed medical expenses tht exceed 250.00 annually per child are to be paid as follows:  60% defendant and 40% plantiff.. The plantiff is responsible to pay the first 250.00 annually per child.  

The plantiff receives child support and also supplies the medical insurance.  Father needed child added to birth certificate to add to his insurance.  Plantiff is now asking for us to do that.

Questions:  

If Father put's child on his medical, is that a reason for modification of the support order?  Support order is one year old, this November.

If Father put's child on his medical, is the Father now obligated for the first 250.00 annually?  Or is the first 250.00 annaully per child for the parent always receiving support.  Mother feels if she has Father put child on his medical he now has to pay the first 250.00 annually.  Where Father feels, it is the parent that receives support that has to pay it.  

Thanks

[socrateaser]

Please post the EXACT text of the order re healthcare.

[Mommyofone]

Unreimbursed medical expenses that exceeded 250.00 annually per child and/or spouse are to be paid as follows: 60% defendant and 40% by plantiff.  The plantiff is resposnbile to pay the first 250.00 annually per child and or spouse in unreimbursed medical expenses.  Neither party to provide medical insurance coverage.  


The Mother supplies the insurance now, Father said he has Insurance also and could cover him, but Mother would not put Father on birthcertificate.  Court ordered her in Custody matter to do it in 9 months, she has done it and now want's the child on the Father's Insurance and says the father now has to pay the first 250.00 since he will be supplying the insurance.   We just needed to know if that first 250.00 is by the parent paying for the insurance, or the parent receiving the child support.

[socrateaser]

>Questions:  
>
>If Father put's child on his medical, is that a reason for
>modification of the support order?  Support order is one year
>old, this November.

Since neither parent was originally ordered to provide insurance, providing insurace would reduce net disposable income to the providing parent, which is a change in circumstances justifying a modification. However, if BOTH parents are ordered to provide insurance, then the benefits may wash each other out and the actual change in the support obligation could be very small.

>
>If Father put's child on his medical, is the Father now
>obligated for the first 250.00 annually?  Or is the first
>250.00 annaully per child for the parent always receiving
>support.  Mother feels if she has Father put child on his
>medical he now has to pay the first 250.00 annually.  Where
>Father feels, it is the parent that receives support that has
>to pay it.  

I don't know the specifics of the PA guidelines. If the $250 is part of the guideline award, then it would probably stay just as it is now. If not, and it was a deviation from the guidelines, then the judge could just zap it away as if it never existed.

If it's a deviation, then I would argue that Father is now incurring two bills, one for the insurance and the other for the $250, and that this is not fair. However, if it's not a deviation, then it's irrelevant and it will stay just as it is, regardless of whether or not Father pays extra insurance premiums.

I don't have time to research the PA guidelines at the moment, so that's the best I can do for an answer. If you want more specifics, you'll need to check with a PA attorney or PA CSE.

[Mommyofone]

 8.  Unreimbursed Medical Expenses.  There are three changes to the treatment of unreimbursed medical expenses.  First, since the first $250 per year per child of these expenses is already built into the basic child support obligation reflected in the chart and the schedule, only medical expenses which exceed this amount are subject to allocation between the parties as an additional expense to be added to the basic support obligation.  Rule 1910.16-6(c) reflects this distinction.  The Committee has also chosen to draw this same distinction with respect to spousal support so that the obligee-spouse is expected to meet the first $250 per year of his or her own unreimbursed expenses before seeking contribution from the obligor for any additional expenses.



That the 250.00 is built into the support obligation, so I would assume that if Father goes ahead and says yes and put's him on his insurance, The mother still has to pay the first 250.00 correct?  

Also I want to say Thank you so much....

[socrateaser]

>That the 250.00 is built into the support obligation, so I
>would assume that if Father goes ahead and says yes and put's
>him on his insurance, The mother still has to pay the first
>250.00 correct?  

You are correct. So, unless the cost of insurance is ALSO built into the guidelines, then you would be entitled to a downward modification to help mitigate your insurance premium, to the extent that it is not paid by your employer.

[MixedBag]

And my opinion is that the Plaintiff still has to pay the first $250.

Neither party is required to even HAVE insurance on the child.

SOC!!!

[socrateaser]

>And my opinion is that the Plaintiff still has to pay the
>first $250.

If I was unclear in my prior response, then the answer is yes -- plaintiff pays, based on the prior posts and my interpretation thereof.

[MixedBag]

my goof -- sorry.