We in Monterey County are fortunate to have access to good medical care, but the cost of that care—and medical insurance—can be staggering. Even while going through a divorce, parents want to make sure their children are covered. And both spouses are responsible for seeing that children get the medical coverage they need.
If a parent already has health insurance (typically through their employer), the court will order them to maintain that insurance and, if the children are not currently covered, to add them provided the cost is reasonable.Just as there is a calculation for child support in general, there is also a calculation for providing health insurance for out-of-pocket health insurance premiums. In general:
- A reasonable cost for out-of-pocket health care insurance is one that does not exceed five percent of the parent’s gross income, which is the difference between coverage for the parent and coverage for the children.
- If a parent has health insurance, including vision and dental, and does not cover their children under the reasonable cost calculation, they are in violation of their court-ordered child support.
- If a parent cancels or fails to maintain their health insurance, they have violated court orders.
- If a child has an uncovered medical need and a parent incurs that cost, that parent can recover 50 percent of that uncovered cost through their child support order.
- If neither parent has health insurance, they will both be required to obtain coverage as soon as it is available to them.
When a parent is paying their premiums out-of-pocket, the cost of those premiums become part of the calculation and reduce overall child support payments when final figures are determined.
Contact a Skilled California Divorce Attorney for More Information Regarding Payment or Enforcement of Health Insurance in Child Support
Health insurance is critical to your child’s well-being. To learn more about how it factors into California child support orders, please contact Giuliano Law online or call us at (831) 372-4003 to speak with California family law lawyer. We will be happy to set up a consultation to discuss your concerns. We serve the Monterey, Hollister, and Gilroy areas.
