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Family Law Blog

Who Pays for a Child's Health Insurance?

Thursday, September 17, 2020

The Affordable Care Act states that all children under the age of 18 must be covered by health insurance. However, that is not always as simple as it sounds, especially for divorcing parents. In many cases, the child will also be covered by the health insurance that a parent may get through their work. Even if the parents are divorced, the children will still be covered by the health insurance of choice or if the non-custody holding parent only has health insurance. Unfortunately, if neither parent has health insurance through their work, the coverage becomes a little more complex.

A Judge Decides

If neither parent can cover health insurance for a child post-divorce from their job, they will have to buy health insurance for their child. Unfortunately, this can be costly – as much as $1,000 per month. Who covers this cost? While mediation can negotiate splitting costs or help decide the paying party, if you take it to court, a judge will make the decision simple.

Healthcare for the child, under the eyes of the judge, is necessary for the support of the child. As such, it will typically be factored into child support payments. This means that the custody-holding parent will likely be responsible for finding health insurance for their child, but the support-paying parent will be paying for it with their monthly support payments.

This is not an ideal situation for the support-paying parent. Health insurance is expensive and the support payer may not be convinced that their huge support payment is really going to solid health insurance. However, if it is discovered that the custody-holding parent is not being aboveboard, they can be taken to court for it.

Learn More About Children's Health Insurance

Are you going through a divorce or have any other family law issue? We can help. Contact us today to see what the Law Office of Jamra & Jamra can do to help you get the best possible results.

Is Health Insurance Covered By Child Support?

Monday, March 02, 2020

If you have won custody of your child, it is required that they are covered by health insurance. Indeed, failure to do so can result in serious criminal, civil, and even custodial penalties by the court. Unfortunately, that doesn't change the fact that health insurance can be wildly expensive, especially for single parents. As the custody holder of the child, you are required to procure health insurance for them either through your employment, the government, or independently.

Finances

Parents can only stop a health insurance plan if the costs become cost-prohibitive. This means that the costs will exceed 5% of their income. However, from there, they must find a new health insurance plan within their range as soon as possible.

For parents that are struggling with healthcare and insurance costs, it may be best to return to court in order to ask for more money from the other parent. If it can be shown that the cost of maintaining health insurance for your child is creating a financial burden, then the child support required from the other parent may be raised. After all, it is child "support". Thus, it is meant to help support the raising of that child by a parent who is not financially beholden to the other parent through marriage or another relationship.

Learn More About Health Insurance and Child Support

Unfortunately, proving that health insurance upkeep is creating a strain can be difficult. This is when you will want a good family law attorney at your side to help the courts make the decision by gathering the right evidence. If you are struggling with child care costs or starting a messy uncoupling process, contact us today to see what the Law Office of Jamra & Jamra can do to help you get the best possible results.