Child Support Enforcement - Sarpy County Nebraska

to also pay reimbursement for reasonable and necessary children's health care costs as set
forth in subsection (B), above.
(ii) The amount of cash medical support ordered in the case 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 paying the cash medical support receives a credit against his or her
share of the monthly support.
See also federal rules and regulations for Qualified Medical Child Support Orders
(QMCSO) at 29 U.S.C. 1169(a). Every employer group health plan must honor a properly
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.
CHERAMIE V. HAFEMAN, Neb. Court of Appeals. Filed June 9, 2009. No. A-08-882.
THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT
BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. § 2-102(E). While this case
may not be cited as authority, it is the only case I have found that addresses whether
“medical expenses” includes “dental expenses”. It may provide a cautionary tale to
order drafters….if you are going to spell out what any dependent medical coverage includes,
you better spell out everything it includes.
We determine that the term “medical expenses” as used in the agreement is clear and
unambiguous. Where the language used in the agreement is unambiguous, we are
bound to consider such language from the four corners of the agreement itself, and what
the parties thought the agreement meant is irrelevant. Strunk v. Chromy-Strunk, 270
Neb. 917, 708 N.W.2d 821 (2006), citing Klinginsmith v. Wichmann, 252 Neb. 889,
567 N.W.2d 172 (1997)
Given that the agreement sets forth two specific types of expenses that are to be
included as medical expenses, had the parties intended dental expenses to be included
as part of medical expenses, they would have stated so in the agreement.
The term “medical expenses” found in an agreement in contemplation of dissolution of
marriage, which was incorporated into the decree, is clear and unambiguous and does
not include dental expenses for the minor children.
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.
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