DAILY CUSTODY TIP: The ABC’s of QMCSO’s – A Good Way to Improve Your Position in Family Court.

To demonstrate your commitment to a child’s health care, you might ask the court to enter a Qualified Medical Child Support Order (QMCSO). What is a QMCSO? It is a special kind of court order recognized by federal law, which local family court judges can enter, on a parent’s request, in order to guarantee health insurance coverage for a child.

A QMCSO goes beyond a mere health insurance order. Traditionally, a judge will order one parent to provide insurance coverage for his or her child. This order is usually issued as part of an initial child support order. A QMCSO, however, actually adds the child as a named beneficiary (and alternate recipient) of benefits under an employer’s group health plan. This applies to children born out of wedlock. It applies to children who do not live with the insured parent. And it even applies if the child is not claimed as a dependent on the parent’s federal income tax return.

Another advantage of a QMCSO is that the custodial parent can directly file claims for the child with the insurance carrier without going through the non-custodial parent or his employer. What’s more, insurance benefit payments can be made directly by the insurance company to the custodial parent without forcing her to go through the non-custodial parent (the insured party).

A parent who takes the initiative to obtain a QMCSO to protect the health insurance rights of the child is likely to be viewed as a dedicated and protective parent. In fact, since many judges and lawyers do not deal with QMCSO’s on a regular basis, the parent who invokes the right to a QMCSO may impress the child custody judge as the parent most likely to serve the child’s best interests.

To learn more about QMCSO’s, go to http://www.dol.gov/ebsa/publications/qmcso.html
or for the technical regulations, see http://www.dol.gov/ebsa/regs/fedreg/final/2000032411.htm