The FOC is mandated to enforce orders for health-care expenses; similar to the way the office enforces for child support. The FOC follows the language of the Uninsured Health-Care Expenses provision in each court order.
Ordinary Medical Expenditures
The government has determined that it takes $403.00 per year-per child to provide the medical care they need (this is for co-pays and deductibles, not vitamins, Band-Aids, or over the counter medications). Each party has to pay their portion of the $403.00 per your court order. The following example is used for “easy” math and does not reflect your particular case. You will need to substitute your percentages from your most recent court order to determine your responsibility. This annual ordinary medical amount is on a calendar year, from January 1 to December 31. Each January 1st the full amount is due again. If the court order takes effect after the first of the year, the amount owed would be pro-rated for the portion of the remaining year.
If the recipient of support had medical bills that total $450.00, they would need to provide the other party with copies of the medical bills and proof of insurance payment and/or denial of claim. The recipient of support would subtract their annual ordinary medical amount of $403.00 for one child from the total medical bills (the parties must each pay their portion of the annual ordinary medical amount before collecting from the other party). The recipient of support in this example must subtract the total medical bill expenses of $450.00 from their annual ordinary medical amount of $403.00 for one child, leaving a balance of $47.00. The recipient of support would only be able to file a Request for Health-Care Expense Payment on the $47.00 balance, which would be collected based upon the percentages in the order. Using the example above, if the percentages are 50% and 50% the payer of support would owe the recipient of support $23.50 (50% of the uninsured health-care expense).
REVIEW YOUR COURT ORDER FOR THE ANNUAL ORDINARY MEDICAL AMOUNT. THE AMOUNT SHOULD BE LISTED ON PAGE 2 OF THE UNIFORM CHILD SUPPORT ORDER (FOC10), INCLUDED WITH YOUR COURT ORDER.
How to collect the uninsured medical expenses owed by the other party
The Friend of the Court (FOC) can ONLY assist you with bills that accrued within one year from the date the expense was incurred (date of service), or within six months after the date of the insurance company’s final payment or denial of coverage.
The FOC will make every effort to ensure that each party meets his or her court ordered obligation to pay the allocated uninsured health-care expenses. The party who attends the medical appointment is responsible for payment of the expenses to the provider of the services. The FOC will enforce the other party’s financial responsibility ONLY if the following process is followed.
Check to see if your court order requires the other party to pay a portion of health-care expenses. (This typically can be found on page 2 of your Uniform Child Support Order) The FOC will not enforce health-care expenses when there is a zero child support order.
Once an expense is incurred, you must request payment from the other party by completing the Request for Health-Care Expense Payment form and sending it to the other party within 28 days after the receipt of the last insurance payment or final denial from the insurance company.
Each expense must be entered on the second page(s) of the Request for Health-Care Expense Payment form in the chart and itemized.
You must also provide copies of the bills and insurance notifications. The bills attached to the Request for Health-Care Expense Payment form should include the following information:
The name of the child receiving the services.
The name of the health care provider.
The date of service.
The nature of the service.
The cost of the service.
Explanation of benefits from the insurance providers showing what was paid or rejected and/or a copy of complete billing statement showing what was paid and who paid.
Copy of signed orthodontic contract, if applicable.
Write your case number and the name of the Plaintiff and Defendant in the appropriate spaces.
Make a copy of all the information provided to the other party including the Request for Health-Care Expense Payment form. You will need to send this to the FOC if the other party does not pay you directly. (see number 10)
Once you have sent the Request for Health-Care Expense Payment form to the other party, you are required to allow the other party 28 days to pay you directly.
If after 28 days have passed and you have not received payment from the other party, you may file the Complaint and Notice for Health-Care Expense Payment with the Friend of the Court. Complaints must be filed with the FOC within one year from the date the expense was incurred (date of service), or within six months after the date of the insurance company’s final payment or denial of coverage.
Fill out the Complaint and Notice for Health-Care Expense Payment completely, including Plaintiff and Defendant the other party’s (Obligor’s) name and address and make sure you sign and date the form. You are certifying the information on this form is accurate when you sign the form. The Complaint will not be processed if the form is not complete.
Attach a copy of the Request for Health-Care Expense Payment form and all the attachments to the Complaint and Notice for Health-Care Expense Payment. The form and attachments should be mailed to: Allegan Friend of the Court, PO Box 358, Allegan, MI 49010. (see number 6)
Once the Complaint and Notice for Health-Care Expense Payment (see item 8) along with the Request for Health-Care Expense Payment form along with all documentation (see item 10) is provided to the FOC, the bills will be processed, and a copy will be sent to each party showing what is owed along with an Objection form.
The FOC will wait 21 days to allow the party who is required to pay the right to object. If an objection is received within 21 days an objection hearing will be scheduled before the Referee. If there is no objection received the bills will be added to the account. If you are the person who receives child support the amount will be added to the other party’s balance as arrears and if you are the person who pays child support you will receive a credit.
Modifications to Income Withholding Orders (IWOs) due to Health Care Expenses
If support is paid under an Income Withholding Order (IWO) and if a Complaint and Notice along with a Request for Health-Care Expense Payment has been filed with the FOC, then the amount owed by the payer of support will be added to the account. The amount you are responsible for is based on your court order for health-care expenses.