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Health Coverage - does it include dental?

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CalDad

Junior Member
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?
 


VeronicaGia

Senior Member
CalDad said:
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?
 

CalDad

Junior Member
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?
 

haiku

Senior Member
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.
 

VeronicaGia

Senior Member
CalDad said:
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: www.leginfo.ca.gov/calaw.html 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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