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Qualified Medical Support Orders
President Obama's first term as President placed the issue of health care for Americans at the forefront and made it a frequent topic of the nation's daily conversations. The need to keep Americans, particularly children, insured and how to do so has been the subject of debates across the country, and the focus of individual states and the federal government. In the context of divorce, legislatures have placed mandatory requirements on parents to keep their children insured, and for spouses to keep each other insured, during the pendency of the divorce and beyond. This requirement to maintain health insurance is unique because legislatures and courts are reluctant to place obligations on divorcing parents above and beyond what is required of an intact family.
In Pennsylvania, for example, the Domestic Relations Code specifically requires either the custodial or noncustodial parent to provide “medical support to the children of the parties” “if medical support is available at a reasonable cost.” 23 Pa.C.S.A. ' 4326(c). The statute further defines “reasonable cost” as limited to 5% of the party's net monthly income or, if the party paying child support is also the party paying for the medical insurance, the combined expense of child support and medical coverage does not exceed the Federal threshold set forth in the Consumer Credit Protection Act.
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