Legal Question in Family Law in Illinois

high deductible health insurance
According to our decree, my ex must ''maintain the health and medical insurance coverage on the minor child'' and we split 63/37% all ''uncovered medical, optical, etc. expenses incurred by minor child which are not covered by med. insurance.'' We've done this with his traditional health plan for 3 years, now he's selected a HDHP and a $4300 family ded. Insuance benefits will not even start to cover until his ded. is met, so he claims I should pay 37% of his ded. because he states this is 'uncovered'. I say, since he has not met his deductible, and his insurance won't pay until he meets it, that he is therefore not providing medical coverage. He pays a medical premium which only indicates our child is enrolled in a plan - she will not have coverage under the plan until he meets his deductible. Therefore he's not meeting the first obligation ''maintain coverage''. And until he meets the first obligation we cannot apply the second statement (63/37 split of uncovered expenses ''which are not covered by medical insurance''). Please provide your interpretation of this situation, as we will be going to court re: this. HDHPs are new, and there is no precedent set that I've seen. Thank you.

Asked on 3/27/08, 1:32 pm

John Steele Steele Law Firm

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Re: high deductible health insurance

typically, the court will say that he has to maintain like/similar coverage. There is a presumption to that effect.

Answered on 3/27/08, 9:53 pm

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