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Health Care Coverage for Children

 Posted on September 29, 2017 in Child Support

Texas divorce attorneyIn Texas, parents are obligated to provide financial support for their children. This responsibility does not end when a couple dissolves their marriage or decides to separate. Instead, the non-custodial party will be required to pay child support in an amount determined by the court. When calculating how much a parent will be required to pay, courts take into account each party’s income, how much time each parent spends with the child and the child’s health needs. Unfortunately, even when parents are ordered to help pay for medical care for their child, many fail to do so, which can put extreme financial stress on the custodial parent and even endanger the health of the child, so if your ex-spouse is refusing to help pay for your child’s medical care, it is critical to speak with an experienced child support lawyer who can ensure that your child’s best interests are protected.

Medical Support

According to state law, non-custodial parents are required to provide medical support for their children, which includes the cost of health insurance or out-of-pocket medical expenses. As long as the non-custodial parent can provide medical coverage through his or her health insurance policy at a reasonable cost, then he or she is required to include the child on the policy. However, if the parent cannot obtain coverage through an employer, then the custodial parent will be required to provide coverage if available through his or her employer. Even in these situations, the non-custodial parent would still need to reimburse the other parent for the cost of insurance.

In the event that neither parent has health insurance through an employer, the court would require the non-custodial parent to pay another sum in addition to child support, although the amount cannot exceed nine percent of the payor’s annual resources.

It’s important to keep in mind that parents are permitted to come to an out-of-court agreement on which parent’s policy will cover their children and who will pay premiums, as well as how uninsured medical expenses will be covered. It is only when the parties are unable to agree, that the court will step in and implement the aforementioned rules.

In 2015, the Texas Legislature passed a law expanding the requirements of medical support to include not only routine health insurance but also dental support. This includes periodic or lump sum payments made to cover dental insurance and out-of-pocket costs. The law officially goes into effect on September 1, 2018.

Call Today to Discuss Your Case with an Experienced Child Support Attorney in Leander

Please contact Powers Kerr & Rashidi, PLLC to learn more about your child’s rights to financial support. Our dedicated Leander child support attorneys are prepared to provide answers and assist you throughout the legal process.



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