Legal Question in Family Law in Indiana
The 6% rule for uninsured health care costs for a minor child that is determined that the custodial parent is to save back out of child support. My daughter just turned 8 and we divorced when she was 3 weeks old and this will be the first year I am gonig over the 6% rule. I need advice as to what I can calculate and for what dates so I can get my ducks in a row before approaching my ex. My daughter fractured her elbow at a school skating party Dec. 3, 2009, had to have xrays every two weeks, 2 casts, emergency room bill, dr. visits, occupational therapy for 5 weeks 3 times a week ending Feb. 19, 2010. She was also released from all dr. visits that day regarding her injury. I am remarried and my the whole family is under my husbands insurance plan, which has awesome coverage at a low cost. The insurance covers 100% after copay. We modified child support Oct. 07 and I didn't include any health care premiums on the worksheet. The words in the modification state "The Petitioner (which is me) shall pay the firs $565.00 annually for uninsured health care costs for the minor child. Thereafter, the Petitional shall pay 51% and the Respondent shall pay 49% of uninsured health care costs for their minor child." The worksheet sates "Mother should pay the first $564.72 annual uninsured medical."
Questions:
1 - is dental and vision included the 6% rule?
2 - do we need to go by date of service for her injuries or when I paid the bills?
So far we owe $150 emergency copay 12/09, $100 for casts 12/09, $600 occupational therapy Jan. - Feb. 2010. We have an eye appt March 5th and she will need glasses and dentist appt in June.
1 Answer from Attorneys
Generally the 6% is considered on an annual basis so that it coincides with annual insurance enrollments. Unless otherwise stated in an order, the date of that the bill is incurred although a reasonable argument can be made for the date of the actual billing, but not the date that you choose to pay the bills.
It sounds like your order should have been drafted better than it was. Usually, they read the first 6% of uncovered, medical, dental and eyecare or something a long those lines. You should read the child support guidelines available at the Indiana Judiciary Website.
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