Health Insurance and Child Support
Jan. 16, 2023
Establishing a child support plan that’s fair for both parents can be a complicated process, but it’s also one that’s necessary to meet the needs of your children. When deciding on a monthly payment, you’ll also need to consider other types of support each parent provides, specifically who is covering health insurance for the children in a divorce. For a free initial telephone consultation with a child support attorney, call Jeffers Law Office, serving those in the Overland Park, Kansas, area and throughout Johnson County, including Olathe, Lenexa, Shawnee, Leawood, and Prairie Village.
Factors Considered in Establishing Child Support
When you get divorced, it’s common for one parent to provide a monthly support payment to the other to help with the costs of raising a child. If the couple can come to an agreement on their own that feels fair to both parties, a judge will generally approve this. However, if the couple can’t decide, then a judge will look at several factors to determine how much money should be exchanged. The judge will look at factors such as the income and monthly expenses of each parent, how much time the child spends with each parent, how many other children the other parent may have, whether the parent has remarried, and what other services the parent provides.
How Health Insurance Is Factored Into the Support Amount
Central to getting an accurate estimate of how much money each parent provides for their child is looking at health insurance since this can be a large expense. To do this, you should be able to answer the questions, “How is health insurance factored into child support?”, “Who pays for the children’s health insurance in a divorce?”, and “What if the parent ordered to provide insurance fails to do so?”
There is no set law that prescribes which parent is responsible for providing health insurance, even if you’re the primary custodial parent. However, this will need to be discussed, and whoever does provide it will earn a credit for these additional costs. A judge will look at a few factors to make a determination. For example, if one parent receives health insurance from their employer and is able to insure the child for a low cost, they may order the parent to do so. They may also consider what insurance the child was on before the divorce and choose to keep it the same so they can stay with their same service providers and pediatricians. If neither parent receives employer-sponsored healthcare, then a judge may say that the cost to purchase a plan should be split between the two parents.
What If the Parent Ordered to Provide Insurance Fails to Do So?
If a parent fails to provide insurance after there’s been a court order to do so, they are in violation of the law. If you discover that your co-parent is not providing insurance and has been mandated to do so by a court order, you should contact a family law attorney immediately. Your lawyer can then help you either work with a mediator or contact the courts to take action. If you’re the one who’s been ordered to provide health insurance and you currently get it from an employer, but you switch jobs and no longer have access to this, you will have to request a change in the support order to reflect this and determine a new agreement.
Experienced Representation You Can Rely On
If you’re in the Overland Park, Kansas, area and would like to speak with an experienced attorney about health insurance and child support, reach out to Jeffers Law Office for a free initial telephone consultation. The firm also serves clients throughout Johnson County, including Olathe, Lenexa, Shawnee, Leawood, and Prairie Village.