Tuscola County Friend Of The Court

Health Care

General Description: The enforcement specialist is available to assist you when you have questions concerning your medical court order. The Friend of the Court and the enforcement specialist cannot act as your attorney, but will try to assist you to resolve any questions you may have concerning medical enforcement. You may request the assistance of the enforcement specialist at the Friend of the Court office to obtain reimbursement for health care expenses, also know as a medical demand. The enforcement specialist can also calculate what is the reasonable cost of health insurance coverage for you to obtain for the benefit of the minor child(ren) based on your court order. Ultimately the enforcement specialist enforces the current court order and will not deviate from that order at any time, for any reason.

Changes: If you would like to change any part of the medical provision of your court order, you must petition the court for these changes or request a consent order if both parties agree. The Friend of the Court enforces the court order and does not enforce verbal agreements.

Medical Fact Sheet: The medical fact sheet is provided to give you a basic clarification of medical support enforcement at the Friend of the Court. If your question is not addressed in the medical fact sheet, please write to our office or call the enforcement specialist.

Health Care Definition: "Health Care" is defined according to the Michigan Child Support Formula and means the products or services provided or prescribed by a person or organization licensed or legally authorized to provide or prescribe human health care products or services. A more complete definition can be found on the medical fact sheet.

Order to Provide Insurance: If you are ordered to provide health care coverage at a reasonable cost for the benefit of the child(ren), then you will be expected to provide any and all insurance coverage for the minor child(ren). Insurance coverage is considered to be medical, dental, optical, etc. The Michigan Child Support Formula is used to calculate the reasonable cost to purchase insurance for the benefit of the minor child(ren) and uninsured medical percentages based on your current earnings.

Ordinary Medical Expense: If your court order was entered after October 1, 2004 the charge should include an Ordinary Medical provision.  This amount is based upon the parties' incomes and is set by the Michigan Child Support Formula Manual (MCSFM).  The base amount of ordinary medical determined by the MCSFM is set at $289.00 per child per calendar year.  Therefore the custodial parent must show proof that the $289.00 per child has been spent.  (For two children the amount would be $289.00 x 2 =  $578.00)  Once the yearly amount has been exceeded, you may request reimbursement using the FOC 13 and 13a forms according to the percentages established in your most recent court order.  (See instructions for Uninsured Medical Demands)

Uninsured Medical Demands: Pursuant to Michigan Compiled Law 552.511a, effective December 1, 2002, the Friend of the Court cannot process uninsured medical demands until certain requirements are met. The first requirement is that request for payment must be submitted to the other party PRIOR to submitting the expense to the Friend of the Court. The request must be submitted on the form entitled "Request for Health Care Expense Payment" (available under forms as FOC 13).  Read this form carefully. It is your responsibility to properly fill out this form and send it to the other party. The other party has 28 days to reply to the request.  If you and the other party cannot work out an arrangement for payment of these expenses, you must fill out and submit to the Friend of the Court the form entitled "Complaint For Enforcement of Health Care Expense Payment"(available under forms as FOC 13a).  Question number 3 must be marked and question number 4 must be marked (if applicable).

Once the above mentioned steps are taken you must provide completed copies of both forms 13 and 13a to the Friend of the Court office and the medical demand will be processed