The Friend of the Court (FOC) is mandated to enforce Court Orders for health care coverage, similar to the way the Office enforces child support and uninsured medical expense reimbursement. The FOC follows the language of the Health Care provisions in each Order.
Health Insurance Requirements
The law requires that health care coverage shall be maintained or coverage shall be obtained and maintained by both parties, if available at a reasonable cost as a benefit of employment or as an optional coverage for dependents on a policy already obtained. Should neither parent have health care coverage as a benefit of employment or they are unable to purchase same at a reasonable cost, then neither party is required to obtain health care insurance. However, all health care costs would be apportioned between the parties in accordance with the medical percentage split established.
From time to time you may also receive notice to provide insurance information so that we can update your file; this is a requirement of both State and Federal Regulations. Should there be any change in health insurance coverage, you must inform the FOC Office in writing.
If your child(ren) do not have health insurance, you may qualify for the MIChild insurance program offered by the State of Michigan Department of Community Health. The MIChild program is for working families that do not qualify for Medicaid benefits, and do not have or cannot afford insurance through their employment. Learn More & Apply
The State of Michigan Department of Community Health also offers the Healthy Kids insurance program. Learn More
Other Insurance Policies
If you currently carry insurance for your children, please provide the FOC with your current insurance information so that your file may be updated. Please provide a copy of your insurance cards, front and back, and tell us who is covered under the policy. You may use the FOC Employment Verification Form to provide this information.
National Medical Support Notice
Federal and State law now require that the Friend of the Court notify each parent’s employer to enroll the dependent child(ren) in health care coverage (medical insurance). The law requires employers to honor Medical Support Orders established under State law.
When Medical Support is ordered, the Friend of the Court will send a Notice of Order for Dependent Health Care Coverage to the employer of the party Ordered to provide health care coverage along with instructions for complying with the Order.
- Is sent when an Order is established and whenever the party’s employment changes.
- Directs an employer who has a family health care coverage option available to the party who is an employee, to enroll the child(ren) from the court case.
- Takes immediate effect.
- Will be sent to the party’s current and subsequent employers.
- May be contested by requesting an administrative review by the Friend of the Court, but only on the basis of whether or not the health care coverage is available at a reasonable cost. Note: There is no need to contest if the employer does not provide coverage or if the children are already enrolled in the employer’s family health care program.
- Requires the parties to be notified of the enrollment and advise the custodial parent of the coverage and how to use it.
The National Medical Support Notice and Instructions are available upon request from the Friend of the Court.
Request for Reimbursement of Healthcare Expenses
Either party may request for reimbursement of healthcare expenses one year after the expense was incurred, or six months after the insurer’s final denial of coverage for the expense. If you are the party receiving support (payee) and there is a provision for an Ordinary Medical Amount the total expenses must exceed the stated threshold on the Uniform Child Support Order (UCSO) per child per calendar year before you submit for a claim. Check your most recent order for this information. For Payees when you are requesting for reimbursement you are verifying that you have met the threshold of the Annual Ordinary Medical Amount listed on your UCSO. You may be asked to provide proof if the payer (party paying support) requests or objects to your request.
Ordinary medical expenses include co-payments and deductibles, and most uninsured medical-related costs for all children in the case. The term “medical” includes treatments, services, equipment, medicines, preventative care, similar goods and services associated with oral, visual, psychological, medical, and other related care provided or prescribed by a health care professional for the child(ren.) (2017 Michigan Child Support Formula Manual 3.04(A)(1.) Routine remedial care costs (e.g., first-aid supplies, cough syrup, and vitamins) do not qualify as medical expenses.
Step 1: Request for Health Care Expense Payment
Complete the Request for Health-Care Expense Payment form (2 part-FOC 13 and grid sheet.) You will date this form the date you provide to the opposing party along with your proofs of billing and payments. All proofs must show a date of service, the child’s name, name of provider, cost of service, portion covered by insurance, remaining uninsured balance and proof of payments made by requesting party. You must give the other party 28 days to either make payment or make written payment arrangements with you.
Step 2: Complaint and Notice for Health Care Expense Payment
If 28 days have passed and you have not received a response from the other party, on the 29th day you may submit the Complaint and Notice for Health Care Expense Form (FOC13a.) You will submit this form to the Friend of the Court along with a copy of the Request for Health Care Expense, all the bills associated with the request and proof of payment. The party subject to pay has 21 days to put an objection in writing and submit to the Friend of the Court or pay the requestor directly. Your Request and Complaint will be reviewed, signed, dated and mailed to both parties if approved. Pursuant to Michigan law (MCL 552.511a), Friend of the Court will send copies of your documentation and forms to the opposing party. If requests are incomplete or improper, they will be returned to you with an explanation of what is needed further.
Step 3: Result
If the opposing party fails to pay or object to the Complaint and Notice for Health Care Expense, the expense will be added to the medical reimbursement account and enforced as an arrearage. If the payer is requesting reimbursement and no payment and no objection was made, a credit could be added to charging support. If the opposing party objects in a timely objection to your Complaint, the Friend of the Court will schedule a hearing and send notice of the hearing dates to both parties.