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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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Is dental insurance included in the definition of health care

Resolved Question:

Is dental insurance included in the definition of health care in the state of Florida?
Submitted: 8 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 8 years ago.

Dear jf,

 

Thank you for your question and I look forward to working on your answer. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.

 

That being said, in order to better assist you, could you please clarify for me:

 

1. The context within which you are referring to dental insurance and health care/insurance? (I.e. is it in the context of divorce/child support, or, in the context of an employement agreement for compensation?)

 

I look forward to getting to work on this for you. Hang in there!

 

Sincerely,

 

US Attorney

 

Please note: I do not provide legal advice, only legal information; I do notlegally represent any JA members, visitors or customers. We do not and will not enjoy an attorney/client relationship. Further communication with me here is an acceptance of this and any information provided by me is with the understanding that you comprehend this and agree.

A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear. On Saturday, there will be greater gaps in time due to scheduling, for any needed follow up, but rest assured, by day's end it will be done.

Customer: replied 8 years ago.

Are dental expenses included under "uncovered medical expenses" for the purposes of state of Florida child support?

Expert:  AlexiaEsq. replied 8 years ago.

Dear jf,

 

No, dental expenses are not uncovered medical expenses, which is why in the FL worksheets, you will see if noted separately. That does not mean a court can't require that parent's split such an important expense of course. For those parents that fail to include the cost of same in a settlement agreement, the custodial parent who has been absorbing these costs can seek reimbursement.

 

Here is the worksheet showing that there is noncovered medical, and there is also noncovered dental.

 

 

Hope this helps to clarify.


 

Sincerely,

 

USAttorney

 

 

Customer: replied 8 years ago.

Is physciatric care included under "uncovered medical expenses"?

Expert:  AlexiaEsq. replied 8 years ago.

Dear jf,

 

Yes, mental health medical expenses are generally included in the overall meaning of the term "medical expenses" particularly when rendered by, or under the auspices of a psychiatrist or psychologist. Same with podiatrist, orthopedist etc. Medical does not only mean "physical health".

 

 

Hope this helps to clarify.


 

Sincerely,

 

USAttorney

 

 

Customer: replied 8 years ago.

I need the state law that defines medical expenses in Florida

Expert:  AlexiaEsq. replied 8 years ago.

This is a bit beyond the scope now of your original question. But in the interest of explaining to you how legislative processes work, and in this case, determining the meaning behind medical expenses in the Florida scheme, allow me to try.

 

The Florida legistature does not define each and every word in its statutes and you will find it does not make a legal definition here either. This means we use the common sense meaning of the term.

 

Perhaps this will clarify for you what I am trying to explain - take a look at the child support statute yourself.

 

61.30 Child support guidelines; retroactive child support.

...

8) Health insurance costs resulting from coverage ordered pursuant to s. 61.13(1)(b) [ which I have included below], and any noncovered medical, dental, and prescription medication expenses of the child, shall be added to the basic obligation unless these expenses have been ordered to be separately paid on a percentage basis. After the health insurance costs are added to the basic obligation, any moneys prepaid by a parent for health-related costs for the child or children of this action shall be deducted from that parent's child support obligation for that child or those children.

 

61.13 Support of children; parenting and time-sharing; powers of court

...

 

(b) Each order for support shall contain a provision for health care coverage for the minor child when the coverage is reasonably available. Coverage is reasonably available if either the obligor or obligee has access at a reasonable rate to a group health plan. The court may require the obligor either to provide health care coverage or to reimburse the obligee for the cost of health care coverage for the minor child when coverage is provided by the obligee. In either event, the court shall apportion the cost of coverage, and any noncovered medical, dental, and prescription medication expenses of the child, to both parties by adding the cost to the basic obligation determined pursuant to s. 61.30(6). The court may order that payment of uncovered medical, dental, and prescription medication expenses of the minor child be made directly to the obligee on a percentage basis.

 

As you can see, the likely purpose is to leave wide latitude to the court to order as it deems fit.

 

To further prove this point, here are the definitions that ARE included:

 

click here and here

 

You will not find "medical expenses" defined.

 

Hope the helps clarify.

 

I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. If your question was in fact answered appropriately please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for my work from the company. Doing so ensures I will be willing to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterward clicking ACCEPT, don't hesitate to click "Reply" and I will be happy to help you. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks

 

Sincerely,

 

 

USAttorney

 

 

 

 

 

 

 

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