Navigating Health Insurance and Child Support in Texas Divorces
During divorce proceedings, the court may order one parent to provide medical and dental insurance coverage or contribute to coverage. Often, the custodial parent covers the lion’s share of living expenses, so is the non-custodial parent responsible for health insurance?
Sometimes, yes. Parents must understand their rights and obligations where health care is concerned. A seasoned child custody attorney from Mims Ballew Hollingsworth (MBH) can guide you through the process and represent your best interests, especially in a complex, high-net-worth divorce. Here’s what you should know.
Legal Essentials: Child Support and Health Insurance in Texas
According to Texas Family Code §154.001, either or both parents may be ordered by the court to support a child until the child reaches the age of 18, becomes emancipated, or graduates from high school. Children with disabilities may require indefinite support.
One parent will be named the custodial parent, even in cases of joint custody. Often, the non-custodial parent is ordered to make periodic child support payments, using a formula that calculates a suitable payment amount.
The court will also issue a medical support order in Texas. It may require a parent to maintain medical and dental insurance coverage or to make cash contributions toward medical expenses.
Parental Responsibilities for Health Insurance Coverage
Which parent is responsible for health insurance? Parents share this responsibility, but if health and dental coverage is already in effect and available to the providing parent at a reasonable cost, the court may order that it remain in effect.
Sometimes, neither parent has access to employee-sponsored or private health coverage at a reasonable cost. In that case, the custodial parent will typically apply for a government medical assistance program or health plan, and the non-custodial parent may be ordered to provide cash support.
Parents can also decide for themselves which parent should take responsibility for health costs and submit their agreement to the court for approval. This decision might be based on which parent enjoys greater job stability, higher income, or better access to high-quality, affordable insurance benefits.
Time Frame: How Long Is Health Insurance Required?
Does a non-custodial parent have to pay for health insurance after 18? In most cases, child support obligations, including health insurance, end when a child turns 18 or graduates from high school, whichever comes later.
However, many parents choose to keep their children on their health insurance policy as long as legally possible (up to the age of 26), especially if it’s more cost-effective than a standalone health policy and provides better coverage than their child could obtain on their own.
Health Insurance and Its Effect on Child Support Payments
When one parent pays for health insurance for a child, it can impact support payments. In cases of joint legal custody and health insurance obligations, parents could split costs in a few different ways. For example, if the custodial parent pays for health insurance, the non-custodial parent may pay additional child support to offset the costs.
Does health insurance lower child support in Texas for the non-custodial parent? Yes, usually. If the non-custodial parent supplies health insurance, it should be included when calculating child support payments.
Complying With Medical Support Orders in Divorce Cases
Failure to supply court-ordered health insurance child support in Texas could have two potential consequences. First, the offending party may be held liable for all medical and dental expenses, regardless of whether these expenses would have been covered by insurance.
If someone else supplies health insurance for the child, the offending party will be held liable for premiums or other contributions. Your Fort Worth child support attorney can help you pursue enforcement in such cases.
A Child Support Attorney Can Help Secure Your Child’s Medical Coverage
Court-ordered health insurance child support in Texas can be a complicated affair. The Board Certified and knowledgeable family law attorneys at MBH provide the comprehensive support and representation you expect, thanks to our dedication to team collaboration.
Contact us today to schedule a consultation and discuss how to meet your child’s health needs following a divorce.
FAQs
Both parents have a legal obligation to provide financial and medical support for their children until they reach 18 or graduate from high school. The court may order one or both parents to contribute to medical costs, depending on the circumstances.
Both parents are responsible for providing for the financial and medical needs of their children, but one parent may be court-ordered to supply health or dental insurance during child custody proceedings.
The cost of health insurance should be factored into the calculation of child support payments.
Parents are required to support children financially and medically until the age of 18 or high school graduation, with few exceptions.
A non-custodial parent who is obligated to provide health insurance will be held liable for medical costs, insurance premiums, or contributions made by others if they fail to supply ordered support.
