Cash medical support is a payment of $388.70 included in a child support order that is paid by the obligor (usually the nonresidential parent) to be put towards the ordinary medical expenses of the child incurred throughout the calendar year. Every child support order in Ohio established or modified on or after March 28, 2019, includes cash medical support as part of the court’s order. A link to Ohio’s official cash medical support statute can be found here: https://codes.ohio.gov/ohio-revised-code/section-3119.302.
The cash medical payment is received by the child support obligee (usually the residential parent), unless he/she already is a Medicaid participant. If the prior is true and the child is already receiving healthcare benefits under Medicaid, then the cash medical payment is still owed, however it is sent to the State of Ohio in order to defray the costs associated with Medicaid and healthcare expenditures. If the paying party has a gross annual income that is less than 150% of the federal poverty line for an individual ($19,320.00 in 2021), then he/she will not be required to pay the cash medical support.
In the case that the child’s healthcare expenses for the year exceed the amount paid in cash medical support, then the remainder of the expenses will be split among the parenting parties in accordance with the percentage determined by the court or child support enforcement agency.
Cash medical support payments cannot be entirely avoided because failure to pay may result in being held in contempt of court. However, a cash medical support payment may be waived by the obligee through the court. Conversely, if a party receives public assistance and/or Medicaid, then all or a portion of the child support may be assigned to the State of Ohio and there may not be an ability to waive or deviate the child support and cash medical support payments.
Any of the following notices may be filed by the court in a given domestic relations case regarding cash medical support and health insurance: (1) Notice Regarding Cash Medical Support Order, (2) Notice to Provide Cash Medical Support, or (3) Notice to Provide Private Health Insurance. If you find yourself in disagreement with one of the prior orders, as a party to your case you have a right to submit an objection by completing the final page of the notice and sending it to the local child support enforcement agency within fourteen business days of receiving the order.
Upon receipt of the document, the enforcement agency will schedule the case for a mistake of fact hearing to allow you to present your reasons for opposition. After a presentation by both parties, the court itself will make a final determination.
Our experienced Dayton divorce lawyers at Holzfaster, Cecil, McKnight & Mues can assist you with your divorce or dissolution related issues. To learn more, please go to our website at www.hcmmlaw.com or call us at 937 293-2141 . We can schedule an in-person conference or one by phone or Zoom. We look forward to helping you!
I want to thank Alyssa Acevedo for her assistance in drafting this article. Alyssa is externing with our firm this semester. She has just started her third and final year of law school at the University of Dayton School of Law. You did a GREAT job with this article Alyssa!
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