It depends. Michigan law requires child support orders to include medical support, which means one or both parents must provide health insurance for their child. The court can order coverage through private insurance or government programs like Medicaid, Healthy Michigan Plan, or MIChild. The insurance must be affordable and accessible, meaning the cost should not be too high, and the provider should be within a reasonable distance. The court may also require parents to share the costs of medical expenses not covered by insurance, such as co-pays, deductibles, and other out-of-pocket expenses.
Who Is Required to Provide Health Insurance?
Michigan courts decide which parent, or if both, must provide health insurance for the child. Generally, the court will order the parent who can most easily access affordable and available coverage to provide it. If both parents already provide insurance, or if they both agree to do so, the court may require both to maintain coverage. The court also considers the child’s needs and the parents’ ability to pay in making these decisions. If a parent cannot provide coverage, the court might not require them to do so.
What Qualifies as a Reasonable Cost for Health Insurance?
In Michigan, the cost of health insurance is considered reasonable if it does not exceed 6 percent of the providing parent’s gross income. The court may also set a specific dollar amount as the maximum a parent must spend on insurance. If the cost of insurance and child support payments together exceeds 50 percent of a parent’s income after taxes and similar deductions, the cost may be considered too high.
Types of Health Insurance Coverage
Michigan accepts both private and public health insurance coverage to meet medical support requirements. Private insurance can come from a parent’s employer or another private plan. Public coverage can include insurance from government programs like Medicaid, Healthy Michigan Plan, or MIChild. If a parent has access to more than one type of insurance, they can choose the option that meets the court’s cost and availability standards. If neither parent can provide private insurance, they can look into public options that fulfill the requirement.
National Medical Support Notices (NMSN)
A National Medical Support Notice (NMSN) allows one parent to enforce the other’s responsibility to provide health insurance for their child. If a court orders a parent to provide insurance, the Friend of the Court (FOC) can send an NMSN to that parent’s employer. The employer must then enroll the child in an available health insurance plan and deduct the cost from the parent’s paycheck as long as the cost stays within income limits. If insurance is not available or too expensive, the employer must inform the FOC.
Responsibility for Uncovered Medical Expenses
Parents in Michigan must share the costs of any medical expenses for their children that insurance does not cover. These expenses can include co-pays, deductibles, and treatments not included in the child’s insurance plan. Custody orders state how parents should divide these costs. Typically, the parent who pays for an uncovered expense must request reimbursement from the other parent. They must provide an itemized statement of the cost and give the other parent 28 days to pay. If the other parent does not pay, the paying parent can file a complaint with the FOC for enforcement.
Enforcement of Medical Support Orders
The FOC, a division of the family court system in Michigan, enforces medical support orders. If a parent does not provide court-ordered health insurance or refuses to pay uncovered medical expenses, the FOC can take action. This might include sending an NMSN to the parents’ employer, sending formal notices of noncompliance, or initiating court proceedings. The FOC can also add unpaid amounts to the parent’s child support debt. If necessary, the FOC can ask the court to hold the parent in contempt, which could result in legal penalties.
What to Do If the Other Parent Fails to Provide Insurance
If your child’s other parent fails or refuses to provide court-ordered health insurance, a Michigan child support lawyer can help. They can prepare the necessary legal forms, draft itemized statements for uncovered expenses, and send payment requests to the other parent. If the other parent refuses to pay or provide insurance, your attorney can file a complaint with the FOC on your behalf. They can also communicate with the FOC to coordinate enforcement steps, such as issuing a notice of noncompliance or requesting a court hearing. If necessary, a child support lawyer can also represent you in court.
Contact a Michigan Child Support Attorney Now
If you have questions about medical support orders in Michigan or need help fulfilling health insurance requirements for your child, The Smith Law Offices, P.C., can help. We can explain your options, handle the legal process on your behalf, and represent you in court if needed. Call us today at (734) 729-4465 to arrange your free initial consultation and learn more about how we can help.
