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

DAILY CUSTODY TIP: Maintain a spreadsheet showing dates and amounts of child support paid or received

Officially, a custodial parent cannot bar a non-custodial parent from enjoying joint custody or visitation rights because of his failure to pay child support. Nor can a non-custodial parent refuse to pay child support because the non-custodial parent habitually interferes with his right of visitation. Still, the amount of support paid, and the frequency and timeliness of the payments, are factors that can be used to help or to harm a non-custodial parent’s rights in Family Court.

Both parents should set up spreadsheets to track the child support payments being made. For the non-custodial parent, a spreadsheet maintained on Excel, Quatro, or other software programs can provide a ready resource of the non-custodial parent’s payment history. Does he abide by the child support order? Does he pay on time? Does he pay the right amount? How much are his arrearage? An up-to-date spreadsheet often provides more timely and accurate information than court-run online databases that are not regularly updated. A custodial parent, relying on her handy spreadsheet, could argue against an expansion of the other parent’s visitation rights based on his poor payment history. "I object to the Defendant’s motion," your honor. "He claims to be devoted to the children, and to prioritize their interests, but in the last two years, he’s violated your child support order 16 times, missed 7 payments, and amassed arrearage of more than $4,0000."

For the non-custodial parent, a spreadsheet can also provide a valuable defensive device. Not only should regular support payments be recorded by date and amount, but it is also helpful to record the date of mailing of the support payment, and, if possible, the date the check was paid or cleared by the custodial parent’s bank. Cash payments of support (while not a good idea in general) should also be recorded on the spreadsheet. Non-support payments, such as a one-time purchase of a baseball uniform, should also be noted. By charting this information on a regular basis, a custodial parent can effectively defend himself against unreasonable objections to expanding his custody and visitation rights. If support payments are made on a timely basis, the spreadsheet will function not only as a shield, but as a sword – providing the court with additional proof of the non-custodial parent’s dedication to the children’s best interests.

Keep records and receipts of all extraordinary purchases

How many times have you heard a non-custodial parent try to slither out of paying child support by claiming he bought the children a new pair of sneakers or he paid for their soccer uniforms? Such special purchases are not the same as child support, and you can’t get credit for giving gifts or paying for the "extras" that come along.

However, you can strengthen your position in a child custody case by keeping good records of the "extras" which you pay for. Whether you’re the custodial parent or the non-custodial parent, the making of extraordinary purchases for the children is evidence of your continuing support and dedication to your children’s best interests. A rare gesture won’t add up to much, but a pattern of "going the extra mile" can have a favorable effect in custody court. This may include, for example, buying the children new clothing at the start of the school year, paying membership fees for team sports and clubs, paying for sport uniforms and gear, renting musical instruments, or sponsoring a school trip or a camp outing,

Maintaining records is crucial. Keep a log of all special purchases you make. Keep a register of all of your receipts too. Especially if you’re the non-custodial parent, and if you’re paying child support on time, then keeping such records will demonstrate that you treat the job of parenting as being more important than a single court order. Should there be a contested custody motion down the road, it would be helpful to state to the court: "Not only have I paid all of the child support ordered by this Court, I have also paid for six all-day shopping sprees with the children over the last two years, to buy them clothes throughout the year; I’ve paid for the soccer team and the trumpet lessons – with no contribution from their mother. My receipts, totalling $2,800, are available for the court’s review."

DAILY CUSTODY TIP: Update Health Insurance Cards, Claims Forms and Network Directories

If you're the parent who provides health insurance for the children, be sure to provide updated health insurance cards, claim forms, and directories of network providers to the other parent. Often, the parent who does not carry the insurance struggles to pay for a doctor's appointments or to submit a claim form, simply because the other parent won't provide the necessary cards, forms and directories. This may sound like a dose of common sense, but around the country it is a common issue presented to family court judges.

In fact, parents who refuse to cooperate in providing insurance cards, claim forms and provider directories to each other are often cut down in their custody cases. Judges look for indicators of cooperativeness in rendering their custody and visitation rulings. They tend to favor parents who can work collaboratively in furthering their child's best interests. For example, they are much more likely to accommodate a father who delivered all of the relevant insurance information to the child's mother on a timely basis than a father who obstinately refuses to produce the necessary insurance cards and forms, prompting the mother to pay for medical services out of her own pocket. Such a lack of cooperation tends to prompt parents to file more motions in court and inevitably agitates the judge.

In terms of tactical litigation, a non-custodial parent who maintains the family health insurance coverage can help himself tremendously by being forthright on all insurance-related issues. If such a parent petitions the court for an increase in his visitation and parenting time rights, the last thing the custodial parent should have in her defense arsenal is the argument that "he couldn't care less about the children...he doesn't even provide us with insurance cards!"

For custodial parents, be sure to request insurance cards, claim forms, and a list or directory of all network providers. Make the request in writing, by email, by letter, or via an attorney's correspondence. If you find yourself making numerous requests, keep good records and copies of all email or letters. If necessary, make the request in the form of a motion or petition filed in court.

I'd be interested in hearing from anybody out there who has had any related experiences with this.