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Qualified Medical Child Support Order (QMCSO)

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We hear the term “QDRO” bounced around all the time in divorce cases, but what we don’t hear often is “QMCSO.” It certainly doesn’t roll off your tongue as mellifluously, but it’s equally important. QMCSO stands for Qualified Medical Child Support Order and serves to enforce the 1993 amendment to the Employee Retirement Income Security Act (ERISA) requiring employment-based group health plans to extend health care coverage to the children of a parent-employee who is divorced, separated, or never married.

Despite this government mandate, it is disheartening to learn of the many employers that deny extending health coverage to otherwise eligible children. Hopeless and frustrated caregivers give up and end up unnecessarily paying thousands of dollars for out-of-pocket medical coverage. Don’t let that be you.

I recently had the pleasure of assisting a client to obtain health insurance for his granddaughter, whom he had been caring for since 2006. The labor union in which Grandfather had been a loyal member for over twenty years denied health care coverage for his granddaughter, even after he presented a copy of a court order, which granted him sole legal and sole physical custody.

After unsuccessfully undergoing a lengthy and hopeless internal appeal process, Grandfather sought my assistance. We initiated the process of obtaining a QMCSO by filing a Complaint for Child Support, listing medical coverage as the specific relief sought. The Judge granted our request, and with the proper language included, the final court order was sufficient to be classified as a QMCSO. Grandfather presented the Order to his labor union, and his granddaughter now has top-tier health insurance, cost-free.

While the process can be seamless, you may want to consult an attorney to advise you of the ERISA guidelines outlining the requirements for a medical child support order to be deemed “qualified.” If you are handling the process on your own, make sure to turn to ERISA §609(a)(3), which will help you find the necessary language and content that must be identified on the order.

There is no denying that medical care is expensive, so make sure you know your and your child’s rights to pursue employer health coverage. If you want to know if your child is eligible for free medical coverage, contact Petrelli Previtera, LLC today.

Client Testimonials

They are amazing! I highly recommend anyone that is in need of assistance with child support hearings to seek out the expertise and experience of this law firm and staff! They handled my case quickly and I feel that my money was put to good use. Much appreciated! Nothing less than five stars!

Alana Deverson

I just want to say GREAT JOB! She is a no nonsense professional with years of experience that qualifies her as a skilled Family Law attorney. She is seasoned, sensitive, and most of all she cares. She made things easy for me. Definitely recommend!

Kimberly Colby

Overall I was pleased with the results of my divorce case. The entire Petrelli Previtera team truly cares about their clients. Luckily for me, I was paired up with an amazing team helping all the way. If you happen to work with this firm and with the lawyers you’ll be in great hands. It was such an excellent service and it was beyond I expected.

A Family Law Client Chevy Chase , MD

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