Medical Insurance

[spshell]

Washington state CS order states:

Unless one or more of the alternatives below are checked (neither are checked), each parent (underlined and bold) shall maintain or provide health insurance coverage if:

a) coverage that can be extended to cover the children is or becomes available to each aprent through employment or is union related; and

b) the cost of such coverage for the mother does not exceed $112.50 and the cost of such coverage for the father does not exceed $149.75.

The parent (s) shall maintain health insurance coverage, if available for the children listed until further order of the court or until health insurance is no longer available through the parents employer or union and no conversion privileges exsist to continue coverage following termination of employment.

1. The wording is so confusing!  Are we both liable for paying medical insurance?

2. Mother owns her own business. She can obtain insurance for as low as $31 per child (we have two children). If I choose to stop paying insurance is she just as liable to pay for it as I am? Or because it is available at my work am I responsible to pay it no matter what?

3.  If she is liable to pay how do I go about getting her to pay?  

4.  If she is liable will she have to pay since when order was established?



Thank you!  Thank you!  Thank you!

[socrateaser]

>1. The wording is so confusing!  Are we both liable for paying
>medical insurance?

Yes, but each parent has a different maximum threshold, over which the insurance cost is unreasonable, and therefore not ordered.

>
>2. Mother owns her own business. She can obtain insurance for
>as low as $31 per child (we have two children). If I choose to
>stop paying insurance is she just as liable to pay for it as I
>am? Or because it is available at my work am I responsible to
>pay it no matter what?

Both of you must obtain and maintain insurance or you're in contempt, unless no insurance is available at less than or equal to the cost stated in the court order.

>
>3.  If she is liable to pay how do I go about getting her to
>pay?  

Send a letter stating that she is court ordered to get insurance if available at a cost not exceeding $112.50, and that if she refuses to obtain it, that you will ask the court to enforce the current orders.

Alternatively, you can offer that if she wants to reimburse you for what her actual out-of-pocket insurance cost would be, that you will apply the money to your insurance premium as an offer in compromise.

The court would view your compromise as removing the other parent's willful and conscious disregard of the court order, and thus would not find her in contempt were you to bring such an action.

>
>4.  If she is liable will she have to pay since when order was
>established?

That depends on whether or not you suffered any legal detriment as a consequence. Example: the kid breaks a leg and needs orthopedic surgery, for which your insurance pays 1/2 and you owe $2,000. If the other parent could have obtained insurace at a price not exceeding $112.5 and that insurance would have covered some of the $2,000 that you now owe, then you would be entitled to reimbursement from the other parent for the amount that "but for" the other parent's failure to obtain insurance, you would not have otherwise had to pay.