NOTICE OF RIGHTS AND RESPONSIBILITIES Health-Care Costs and Reimbursement Procedures IF YOU HAVE A CHILD SUPPORT ORDER THAT INCLUDES A PROVISION FOR THE REIMBURSEMENT OF A PORTION OF THE CHILD'S OR CHILDREN'S HEALTH-CARE COSTS AND THOSE COSTS ARE NOT PAID BY INSURANCE, THE LAW SAYS: 1. Notice. You must give the other parent an itemized statement of the charges that have been billed for any health-care costs not paid by insurance. You must give this statement to the other parent within a reasonable time, but no more than 30 days after those costs were given to you. 2. Proof of full payment. If you have already paid all of the uninsured costs, you must (1) give the other parent proof that you paid them and (2) ask for reimbursement for the other parent's court-ordered share of those costs. 3. Proof of partial payment. If you have paid only your share of the uninsured costs, you must (1) give the other parent proof that you paid your share, (2) ask that the other parent pay his or her share of the costs directly to the health-care provider, and (3) give the other parent the information necessary for that parent to be able to pay the bill. 4. Payment by notified parent. If you receive notice from a parent that an uninsured health-care cost has been incurred, you must pay your share of that cost within the time the court orders; or if the court has not specified a period of time, you must make payment (1) within 30 days from the time you were given notice of the amount due, (2) according to any payment schedule set by the healthcare provider, (3) according to a schedule agreed to in writing by you and the other parent, or (4) according to a schedule adopted by the court. 5. Disputed charges. If you dispute a charge, you may file a motion in court to resolve the dispute, but only if you pay that charge before filing your motion.
Form Approved for Optional Use Judicial Council of California FL-192 [Rev. July 1, 2007]
If you claim that the other party has failed to reimburse you for a payment, or the other party has failed to make a payment to the provider after proper notice has been given, you may file a motion in court to resolve the dispute. The court will presume that if uninsured costs have been paid, those costs were reasonable. The court may award attorney fees and costs against a party who has been unreasonable. 6. Court-ordered insurance coverage. If a parent provides health-care insurance as ordered by the court, that insurance must be used at all times to the extent that it is available for health-care costs. a. Burden to prove. The party claiming that the coverage is inadequate to meet the child's needs has the burden of proving that to the court. b. Cost of additional coverage. If a parent purchases health-care insurance in addition to that ordered by the court, that parent must pay all the costs of the additional coverage. In addition, if a parent uses alternative coverage that costs more than the coverage provided by court order, that parent must pay the difference. 7. Preferred health providers. If the court-ordered coverage designates a preferred health-care provider, that provider must be used at all times consistent with the terms of the health insurance policy. When any party uses a health-care provider other than the preferred provider, any health-care costs that would have been paid by the preferred health provider if that provider had been used must be the sole responsibility of the party incurring those costs.
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NOTICE OF RIGHTS AND RESPONSIBILITIES
Health-Care Costs and Reimbursement Procedures
Family Code, §§ 4062, 4063 www.courtinfo.ca.gov
INFORMATION SHEET ON CHANGING A CHILD SUPPORT ORDER
General Information The court has just made a child support order in your case. This order will remain the same unless a party to the action requests that the support be changed (modified). An order for child support can be modified only by filing a motion to change child support and serving each party involved in your case. If both parents and the local child support agency (if it is involved) agree on a new child support amount, you can complete, have all parties sign, and file with the court a Stipulation to Establish or Modify Child Support and Order (form FL-350) or Stipulation and Order (Governmental) (form FL-625). When a Child Support Order May Be Modified The court takes several things into account when ordering the payment of child support. First, the number of children is considered. Next, the net incomes of both parents are determined, along with the percentage of time each parent has physical custody of the children. The court considers both parties' tax filing status and may consider hardships, such as a child of another relationship. An existing order for child support may be modified when the net income of one of the parents changes significantly, the parenting schedule changes significantly, or a new child is born. Examples · You have been ordered to pay $500 per month in child support. You lose your job. You will continue to owe $500 per month, plus 10 percent interest on any unpaid support, unless you file a motion to modify your child support to a lower amount and the court orders a reduction. · You are currently receiving $300 per month in child support from the other parent, whose net income has just increased substantially. You will continue to receive $300 per month unless you file a motion to modify your child support to a higher amount and the court orders an increase. · You are paying child support based upon having physical custody of your children 30 percent of the time. After several months it turns out that you actually have physical custody of the children 50 percent of the time. You may file a motion to modify child support to a lower amount. How to Change a Child Support Order To change a child support order, you must file papers with the court. Remember: You must follow the order you have now. What forms do I need? If you are asking to change a child support order open with the local child support agency, you must fill out one of these forms: · FL-680, Notice of Motion (Governmental) or FL-683 Order to Show Cause (Governmental) and · FL-684, Request for Order and Supporting Declaration (Governmental) If you are asking to change a child support order that is not open with the local child support agency, you must fill out one of these forms: · FL-301, Notice of Motion or FL-300, Order to Show Cause and · FL-310, Application for Order and Supporting Declaration or · FL-390, Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support You must also fill out one of these forms: · FL-150, Income and Expense Declaration or FL-155, Financial Statement (Simplified) What if I am not sure which forms to fill out? Talk to the family law facilitator at your court. After you fill out the forms, file them with the court clerk and ask for a hearing date. Write the hearing date on the form. The clerk will ask you to pay a filing fee. If you cannot afford the fee, fill out these forms, too: · Form FW-001, Application for Waiver of Court Fees and Costs · Form FW-003, Order on Application for Waiver of Court Fees and Costs You must serve the other parent. If the local child support agency is involved, serve it too. This means someone 18 or over--not you--must serve the other parent copies of your filed court forms at least 16 court days before the hearing. Add 5 calendar days if you serve by mail within California (see Code of Civil Procedure section 1005 for other situations). Court days are weekdays when the court is open for business (Monday through Friday except court holidays). Calendar days include all days of the month, including weekends and holidays. To determine court and calendar days, go to www.courtinfo.ca.gov/selfhelp/courtcalendars/. The server must also serve blank copies of these forms: · FL-320, Responsive Declaration to Order to Show Cause or Notice of Motion and FL-150, Income and Expense Declaration, or · FL-155, Financial Statement (Simplified) Then the server fills out and signs a Proof of Service (form FL-330 or FL-335). Take this form to the clerk and file it. Go to your hearing and ask the judge to change the support. Bring your tax returns from the last two years and your last two months' pay stubs. The judge will look at your information, listen to both parents, and make an order. After the hearing, fill out: · FL-340, Findings and Order After Hearing and · FL-342, Child Support Information and Order Attachment Need help? Contact the family law facilitator in your county or call your county's bar association and ask for an experienced family lawyer.
FL-192 [Rev. July 1, 2007]
NOTICE OF RIGHTS AND RESPONSIBILITES
Health-Care Costs and Reimbursement Procedures
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