Legal Question in Family Law in Oregon

Re: Uninsured Medical Costs

YOUR POST:

Can you please tell us what is considered uninsured medical costs?

ANSWER:

Yes, I can tell you. And I will. Here goes:

As customarily used in Oregon child support orders, an "uninsured medical cost" is a reasonable and necessary expense incurred by, on behalf or for the benefit of a child for whom there is a court-ordered child support obligation, due to hospital, medical, and/or dental services, including but not limited to orthodontia, optical/vision, office visits, prescription drugs and medically recommended counseling, or any combination of these or any other comparable health care expenses, that is not otherwise paid for by health, medical, dental or other insurance, .

This is a general statement and may not be word-for-word exactly the same as what is set forth in your particular court order. Ultimately, the wording of your particular court order is what is controlling, even if at variance from what I�ve stated hereinabove.

Also, the responsibility for payment of uninsured medical costs is independent of the responsibility for maintaining (and paying for) health insurance. Neither is tied to the other. It is not unusual to see divorce agreements that require one parent (usually father) to maintain health insurance for the children (and pay the full cost for doing so), while health care costs not paid for by insurance are split 50/50 (or some other sharing arrangement).

Further, the obligation of the child support obligor (i.e., the parent ordered to pay the support) to pay for health care expenses not paid for by insurance usually applies only to and when the health care expenses not paid for by insurance exceed the first $250 per child per year. In other words, the obligee parent (i.e., the parent to whom child support is paid) is responsible for the first $250 per year per child. This is so because the basic child support amount already assumes an annual $250 per child expense for health care expenses not paid for by insurance.

Under Oregon law, which is usually followed but sometimes erroneously applied, the obligee parent has the right to �elect� whether s/he will provide the health insurance coverage or whether s/he will require that it be provided by the obligor parent. Then, regardless of which parent provides the health insurance coverage, if there is a cost for the insurance coverage, the cost is factored into the child support calculation on a pro-rata basis, so that it becomes a shared cost that is included in the support obligation itself. See Or Adm Rule 137-050-0410, which implements the provisions of ORS 25.255 in adjusting the child support obligation in consideration of health care coverage costs incurred by either parent.