Child Support Enforcement - Sarpy County Nebraska

prepared QMCSO that requires a plan participant to provide coverage for a dependent child.
(See 29 U.S.C. 1169(a)) A child may no longer be denied insurance coverage due to the child
residing in another state from the insuring parent, or the child not being listed on the parent’s
federal income tax return, for example.
Note: § 44-3,146 (2) i provides that funds deducted from an employee’s paycheck for the
cost of dependent health insurance coverage must stand in line behind monies withheld pursuant
to a standard withholding order for child support. If there is not enough income to go around,
the health insurance stops. You can take steps to prevent this from happening in instances
where having dependent health insurance coverage is more important to the custodial parent than
receiving child support.
The child support guidelines define the terms “health insurance” and “health care costs”:
§ 4-215. Child(ren)’s health insurance, nonreimbursed health care expenses, and cash
medical support in Title IV-D cases.
(A) Health Insurance. The increased cost to the parent for health insurance for the child(ren) of the parent
shall be prorated between the parents. When worksheet 1 is used, it shall be added to the monthly support
from line 7, then prorated between the parents to arrive at each party’s share of monthly support on line
10 of worksheet 1. The parent requesting an adjustment for health insurance premiums must submit proof
of the cost for health insurance coverage of the child(ren). The parent paying the premium receives a
credit against his or her share of the monthly support. If not otherwise specified in the support order,
“health insurance” includes coverage for medical, dental, orthodontic, optometric, substance abuse, and
mental health treatment.
(B) Health Care. Children’s health care expenses are specifically included in the guidelines amount of
up to $480 per child per year. Children's health care needs are to be met by requiring either parent to
provide health insurance as required by state law. All nonreimbursed reasonable and necessary children's
health care costs in excess of $480 per child per year shall be allocated to the obligor parent as determined
by the court, but shall not exceed the proportion of the obligor’s parental contribution (worksheet 1, line
6). If not otherwise specified in the support order, “health care costs” includes coverage for medical,
dental, orthodontic, optometric, substance abuse, and mental health treatment.
…
Druba v. Druba , 238 Neb. 279, 470 N.W.2d 176 (1991)
It is obvious that in this day and age, if a parent does not wish to provide such
[health] insurance for his children, that parent must be ready to pay for health care
for the children.
Henke v. Guerrero, 13 Neb. App. 337, 692 N.W.2d 762 (2005)
Because paragraph O [now § 4-215] of the child support guidelines provides that
“either parent” must carry health insurance on the child, the trial court had discretion
in determining which parent should pay for it.
[P]aragraph O of the child support guidelines, regarding health insurance, is subject
to paragraph R [now § 4-218] of the guidelines, the basic subsistence limitation
guideline. Kearney v. Kearney, 11 Neb. App. 88, 644 N.W.2d 171 (2002). In other
words, if making the parent pay part of uncovered medical expenses would cause
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