Medical on PA vs NPA (Oct. 2004)
Question: “With respect to the question on Medical Support - Court Order, I have another question. I have always been advised that you are to treat MA, KTAP and NPA cases equally. There is no difference. The question referred to was a NPA case and the answer advised that we did not have to modify the original decree and go after the NCP for medical coverage. My question is, if a MA or KTAP CP was ordered in the original decree to provide medical insurance, why do we have to go after the NCP for medical coverage? Is that not treating a MA or KTAP case differently?”
Answer: According to the original Q & A, it is understood that the custodial parent only wishes to pursue services for modification of arrearages and does not wish to pursue medical support. Depending on the financial situation between the custodial and noncustodial parent, medical support would normally be enforced upon the noncustodial parent. According to KRS 403.211(7)(a), "If health care insurance coverage is reasonable and available at the time the request for coverage is made, the court shall allocate between the parents, in proportion to their combined monthly adjusted parental gross income, the cost of health care insurance coverage for the child, in addition to the support ordered under the child support guidelines." Since the court order was a divorce decree, the judgment cannot be modified and should be referred back to court for further enforcement to address the arrearages and any other modifications the custodial parent wishes to pursue.
A court's decision may not coincide with the child support guidelines as supported by KRS 403.211(2) which states, "At the time of initial establishment of a child support order, whether temporary or permanent, or in any proceeding to modify a support order, the child support guidelines in KRS 403.212 shall serve as a rebuttable presumption for the establishment or modification of the amount of child support. Courts may deviate from the guidelines where their application would be unjust or inappropriate. Any deviation shall be accompanied by a written finding or specific finding on the record by the court, specifying the reason for the deviation."
In this scenario, the NPA client was content with the medical portion of the order. A K-TAP/MA client is receiving medical benefits from the state, so the Cabinet for Health and Family Services is required to pursue a medical support order, in order to recoup those benefits from the noncustodial parent.