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  1. #1
    CalDad is offline Junior Member
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    Health Coverage - does it include dental?

    What is the name of your state? CA I am divorced (I was the the Petitioner) and ordered to pay health insurance. I am NCP and we have joint legal and physical (80% CP, 20% NCP). The exact order reads as follows "Petitioner shall maintain health insurance coverage for the child if that insurance is available at no cost or at reasonable cost to the parent. Petitioner shall pay health costs not covered by insurance. Both parents shall cooperate in the presentation, collection, and reimbursement of any medical claims". The order does not mention anything about dental. Now my question . . . do I need to provide dental insurance and foot the bill for uninsured dental costs under this clause? CP wants me to foot the bill for childs dental work and wants me to begin providing immediate dental coverage. She claims this clause is "all-inclusive" (health and dental). Is she right or just trying to pull a fast one?
  2. #2
    VeronicaGia is offline Senior Member
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    Quote Originally Posted by CalDad
    What is the name of your state? CA I am divorced (I was the the Petitioner) and ordered to pay health insurance. I am NCP and we have joint legal and physical (80% CP, 20% NCP). The exact order reads as follows "Petitioner shall maintain health insurance coverage for the child if that insurance is available at no cost or at reasonable cost to the parent. Petitioner shall pay health costs not covered by insurance. Both parents shall cooperate in the presentation, collection, and reimbursement of any medical claims". The order does not mention anything about dental. Now my question . . . do I need to provide dental insurance and foot the bill for uninsured dental costs under this clause? CP wants me to foot the bill for childs dental work and wants me to begin providing immediate dental coverage. She claims this clause is "all-inclusive" (health and dental). Is she right or just trying to pull a fast one?
    Did you have an attorney? If so, the attorney may have a copy of the minute order from the court, which will spell out exactly what needs to be covered, including medical, dental, ortho, vision, etc.

    Why didn't she at least get ordered to pay 20% of the out of pocket costs?
  3. #3
    CalDad is offline Junior Member
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    The divorce was over 4 years ago and done pro per. I'm NOW feeling the STING of it. At the time we divorce, I was making a LOT of money $150K per year and she was a stay at home Mom. I saw no problem providing HEALTH INSURANCE for our child. I just didn't understand it would mean I provide EVERYTHING. Again, does it mean I MUST provide dental and do I need to take it back in front of a judge for clarification?
  4. #4
    haiku is offline Senior Member
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    in most cases when health insurance is ordered, it is because there is an assumption of affordable healthcare coverage available through an employer.

    Dental insurance is NOT usually included in any health plan. employee sponsered or not. And if it is, it is usually expensive, and may be cost prohibitive for the average person.

    Dental is a wonderful thing to have, but not everyone can afford it. most people pay thier dental out of pocket.
    "It is easier to build strong children than repair broken men." Frederick Douglas
  5. #5
    VeronicaGia is offline Senior Member
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    Quote Originally Posted by CalDad
    The divorce was over 4 years ago and done pro per. I'm NOW feeling the STING of it. At the time we divorce, I was making a LOT of money $150K per year and she was a stay at home Mom. I saw no problem providing HEALTH INSURANCE for our child. I just didn't understand it would mean I provide EVERYTHING. Again, does it mean I MUST provide dental and do I need to take it back in front of a judge for clarification?
    Health insurance includes dental if it is available with your employer at a "reasonable" cost. You can find more info by going here: [url]www.leginfo.ca.gov/calaw.html[/url] and clicking on family codes. See below:

    FAMILY.CODE
    SECTION 3750-3753


    3750. "Health insurance coverage" as used in this article includes
    all of the following:
    (a) Vision care and dental care coverage whether the vision care
    or dental care coverage is part of existing health insurance coverage
    or is issued as a separate policy or plan.
    (b) Provision for the delivery of health care services by a fee
    for service, health maintenance organization, preferred provider
    organization, or any other type of health care delivery system under
    which medical services could be provided to a dependent child of an
    absent parent.


    3751. (a) (1) Support orders issued or modified pursuant to this
    chapter shall include a provision requiring the child support obligor
    to keep the agency designated under Title IV-D of the Social
    Security Act (42 U.S.C. Sec. 651 et seq.) informed of whether the
    obligor has health insurance coverage at reasonable cost and, if so,
    the health insurance policy information.
    (2) In any case in which an amount is set for current support, the
    court shall require that health insurance coverage for a supported
    child shall be maintained by either or both parents if that insurance
    is available at no cost or at reasonable cost to the parent. Health
    insurance coverage shall be rebuttably presumed to be reasonable in
    cost if it is employment-related group health insurance or other
    group health insurance, regardless of the service delivery mechanism.
    The actual cost of the health insurance to the obligor shall be
    considered in determining whether the cost of insurance is
    reasonable. If the court determines that the cost of health
    insurance coverage is not reasonable, the court shall state its
    reasons on the record.
    (b) If the court determines that health insurance coverage is not
    available at no or reasonable cost, the court's order for support
    shall contain a provision that specifies that health insurance
    coverage shall be obtained if it becomes available at no or
    reasonable cost. Upon health insurance coverage at no or reasonable
    cost becoming available to a parent, the parent shall apply for that
    coverage.

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