Qualified Medical Child Support Orders

If you frequently (or routinely or never) use qualified medical child support orders (QMCSO) in your family court cases, their intent is to protect your clients in addressing health insurance issues and continued coverages for children of divorcing parents.  I have only occasionally seen that issue raised or addressed in mediations around the State.
Medical child support orders are statutorily recognized in South Carolina Code Ann. Section 63-17-2120.
There was also an interesting unpublished opinion filed on December 20, 2011, by the South Carolina Court of Appeals in the case of Williams v. Williams in which this was one of the trial issues.  Briefly, the mother had requested during trial that the family court judge require the father (and the father’s employer) to agree to the issuance of a QMCSO.  The father’s attorney (and, with qualifications, the father) conceded to the court that the father did not oppose this request; however, the judge failed to order it, and the Court of Appeals reversed and remanded, indicating that the on-the-record “stipulation” bound the father to comply with the mother’s request.
You may want to take another look at the QMCSO to see if it may be of benefit to your clients.  It applies to group health insurance plans subject to ERISA laws.  I found a pretty good website at www.dol.gov/ebsa/publications/qmcso.html which provided a substantial amount of information on QMCSOs.