There is a growing trend in health insurance that will have an impact on family law, child support and spousal support. To reduce costs and increase preventative care, the health insurance industry is shifting focus toward high-deductible health plans (HDHPs). An increasing number of employers are eliminating traditional health insurance plans as they currently exist entirely in favor of HDHPs. Craig Harper, first vice president at Alliant Insurance Services, explained, “Employers are attracted by the lower cost and consumer driven aspects of the plans. Employees typically like the tax advantages of a health savings account and the ability to rollover unused funds.” As the number of employers and employees utilizing these plans increases, the number of people with child and spousal support orders with HDHPs will also increase. As HDHPs, with higher out-of-pocket costs and unreimbursed medical expenses, become more popular, litigation stemming from unresolved questions about unreimbursed medical expenses also stands to increase.

According to Healthcare.gov, HDHPs are “plans with a higher deductible than a traditional insurance plan. The monthly premium is usually lower, but you pay more health care costs yourself before the insurance company starts to pay its share (your deductible).”

For both individuals and families, these plans mean less money deducted from their paycheck each pay period, and higher out-of-pocket costs for doctor's office visits, emergency room care, and prescription drugs, at least until the annual deductible is met. Once the annual deductible is met, depending on the plan, the plan owner pays either a co-pay or a percentage of the overall cost of medical expenses, the insurance company pays the remainder until the annual maximum out-of-pocket limit is met. Harper notes, “The deductible applies to the benefits covered under the health and prescription plans only. The deductible doesn't apply to preventative care which is covered at 100 percent.” Once a plan owner reaches the annual maximum out-of-pocket limit, the insurance company is responsible for paying 100 percent of medical expenses for the remainder of the plan year.