I can't get health insurance with my job, but my ex-spouse has good benefits through work. Can the noncustodial parent be required to carry children on insurance provided through a job?
Yes. OCSE is required to petition the court to establish a medical support order in all new or modified support orders unless the custodian and children have satisfactory health insurance benefits other than Medicaid. This is required whether or not health insurance is available to the noncustodial parent at a reasonable cost or modification of current coverage to include the child is immediately possible.
Can OCSE help enforce an order for medical insurance coverage for the children?
Yes. The custodial parent needs to indicate on the application for services that an order for medical insurance coverage exists, and that the agency should help enforce it. If the custodial parent is receiving public assistance benefits, OCSE will automatically enforce medical coverage for the child.
Will OCSE establish and enforce medical support?
When OCSE petitions the court to establish a support order, OCSE always includes a request for a medical support provision requiring the noncustodial parent to provide medical insurance when available through an employer or union. If the judge grants that request, OCSE will enforce the medical support provision ordered by the court.
If you have a support order with a medical provision, OCSE will enforce medical support along with child support enforcement. You must request OCSE services to have support enforced.
If your child's support order does not require medical insurance, OCSE may be able to help you get that order modified to include an insurance requirement.
OCSE does not enforce uninsured medical expenses, unless you get a court-ordered judgment for payment. OCSE does not collect uninsured medical expenses owed to a third party.
The noncustodial parent is ordered to provide medical support, but I don't trust that the parent will stay on the job and maintain medical insurance. I have medical insurance and want to provide it for the children. What do I do?
If you will provide proof of insurance to your caseworker and it is your desire that OCSE does not pursue for the noncustodial parent to provide medical support, then OCSE will honor that request.
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