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Iowa Support Master Newsletter
September, 2009

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The Health Insurance/Cash Med Saga

Sticker seen stuck to a judge's computer monitor "I'm always right. Once I thought I was wrong but I was mistaken."

Just like you, Judges are learning the new guidelines. We are doing our best to educate you. We want you to look good in front of the judge and your client. In order to do so, continue reading.

Our new support website has everything you ever wanted to know about the new guidelines plus some. Please check out the "Support" link on our website. www.iowasupportmaster.com. Forward this Email to your staff so they can check it out as well.

Have we talked about cost of child's health insurance? Yes but we are going to visit this topic again because secretaries, legal assistants, lawyers and judges are still calling and Emailing us on a regular basis.

Question: Why does cost of child's health insurance not appear on Form 1 even though you entered in a number in the program?

1. Because CP is low-income.
2. Because Iowa Support Master is wrong.
3. Because NCP is low-income.

If you selected number 2, you bad. If you said "3," congratulations.
  • It makes no difference if CP is low-income, the guidelines look to the party with the child support obligation.
  • It also makes no difference what the cost of the child's health insurance is, whether it is free or $500 per month! If NCP is low-income, $0 must be entered on Form 1. The program will automatically override cost of health insurance if NCP is low-income. Look at the guidelines.
  • If cost of child's health insurance is free, the program may calculate cash medical support. Cash medical support is not paid if the child is covered by health insurance. So, if NCP is low-income and CP has free health insurance, the program will calculate cash medical support, depending on the income level of NCP. In such cases, (free health insurance) if a number appears for cash medical support, go into "Calculation Overrides" and enter 0.00 to override cash medical. Keep in mind that if the "free" health insurance is a government supported program such as Hawk-I, then it is not health insurance. NCP may well be required to pay cash medical support.
  • If NCP is low-income, he/she does not pay a dime of the cost of child's health insurance. The rules are different if the "health insurance" is a government subsidized program.
  • Iowa Support Master alerts you via a special notation on Form 1 when the low-income exemption kicks in. This isn't something that appears on the Form 1 adopted by the Iowa Supreme Court but we put it in because we believe it helps give you, and more importantly, the judge, guidance.
  • Cost of health insurance is an "add-on" to child support. It should be set out separately from child support in the decree.

Cash Medical Support

Yeah, I know, we covered this before as well. Would you just please follow along...

  • Cash medical support is an "add-on." It is paid in addition to child support. It is to be set out in the decree separate from child support.
  • If health insurance is ordered, cash medical support is not calculated. Even if the cost of health insurance is not reasonable, if you enter it unreasonable cost of child's health insurance, the program will allow it because the party providing it may elect to provide it even if it is not reasonable. Don't forget the court has more discretion under the new guidelines.
  • If your client can purchase a health policy on the child via Blue Cross/Blue Shield for $38 per month, why would you allow your client to pay hundreds in cash medical support? Keep in mind that even if your client provides health insurance, he/she must still contribute to out-of-pocket medical care costs. Call BC/BS and get a quote. Some insurance is better than none, especially when the child needs a kidney transplant. The guidelines do not say that the health plan has to be the super deluxe model.
  • Cash medical may change as the number of children changes. Form 1 does not include such future calculations but WE DO! Iowa Support Master does this for you. If you have multiple children, before you print Form 1, please look at the "Analysis Page." We give you the future numbers there. If your client is paying $200 cash medical in a case of four children, this number may go down to $100 when there is only one child left yet your decree may not reflect this change.


 

Tid-Bits

Updates
Iowa Support Master was updated on August 3 to add Form 2. We are working on "alternating" claiming the kids.

CDs
They were sent out in August. If you paid for the program to be delivered via a backup CD and didn't receive it, let us know. The current program is always available for download on our website. Go to iowasupportmaster.com and click on "Support."

Electronic Forms
We have added the latest Income Withholding Order. I swear this thing changes every other month. We are working on adding this form to the 2010 program so it is easier to produce. Check it out by clicking the "FREE Legal Forms" link found on the main screen of Iowa Support Master.

Files
The files you create, when saved, are saved with the file extension ".ism." So. if you save the file as terrysmith, the file will appear on your computer as terrysmith.ism. When you save your files, don't just click, click and click, slow down and make sure you understand where you are saving these files. You should be saving them in the "C:/2009 ISM Revision" folder.

Win a New Computer
Attend the ISBA Family Law Seminar being held at the West Des Moines Marriott Hotel on October 29, 30 for a chance to win. The drawing will be held on the 29th and you must be present to win. Patrick Wilson of Alft & Wilson Publishing will be there to answer your questions. Bring your laptops if you need some hands-on help. Click here for the ISBA seminar details.

Featured Mediator
Barbara Durden Davis Ms. Davis, formerly known as Barbara Durden Romar, has been practicing family and juvenile law on her own since August of 1987. Before that she was an Assistant Polk County Attorney in the Juvenile division. She’s been the chair of the Juvenile Committee of the ISBA for over the last five years. Barb has been a mediator since her training in 1996 and limits her mediation practice to all Family Law issues. She is an excellent resource on custody related disagreements.

Barbara Durden Davis, P.C.
1441 29th Street, Suite 111
West Des Moines, IA 50266

Phone (515) 225-9300
Fax (515) 224-6737
BDromar@aol.com


Are you a mediator? If so, we want to tell Iowa lawyers and judges about you and the service you provide. Let me know.



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Alft & Wilson Publishing
3775 EP True Pkwy, Suite 282
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Ph. 888-805-0363