Scrabble tiles spelling health insurance on a planner next to a laptop.

Child support involves more than a monthly payment from one parent to another. California family courts must also consider how a child’s health care will be covered.

When current child support is ordered, California law requires the court to address available health insurance for the supported child. The rules can include medical, dental, and vision coverage and are designed to ensure that children have access to available coverage without imposing unreasonable insurance costs on a parent.

Available Health Insurance May Be Required

When a parent has health insurance available for the supported child at no cost or at a reasonable cost, the court must order that parent to maintain the coverage.

Health insurance for this purpose can include dental and vision-care coverage.

The cost of maintaining the child’s insurance is addressed separately from the basic statewide guideline child support amount. At the same time, the cost of health insurance actually obtained can receive appropriate consideration as a deduction when calculating guideline income.

This prevents the insurance obligation from being ignored when determining the parent’s financial circumstances.

California Uses a Standard for Reasonable Cost

Whether insurance is reasonably priced can become an important issue.

California creates a rebuttable presumption that health insurance is reasonable in cost when the cost to the parent providing medical support does not exceed five percent of that parent’s gross income.

For purposes of applying that percentage, the relevant insurance cost is generally the difference between self-only coverage and family coverage.

If the court determines that available coverage is not reasonable in cost, the court must state its reasons on the record.

Special rules also apply when the paying parent qualifies for California’s low-income child support adjustment.

Coverage May Need to Be Obtained Later

Insurance does not have to be available at the time the child support order is entered for the issue to remain important.

If health insurance for the child is not currently available at no cost or reasonable cost, California requires an order directing each parent to obtain qualifying coverage if it later becomes available under those terms.

Parents can also have ongoing responsibilities to keep each other informed about available group health insurance and the relevant policy information.

This can help ensure that a child does not remain uninsured simply because coverage was unavailable when the original support order was made.

The Other Parent Can Obtain Information About the Child’s Coverage

When health insurance is provided for a child under a court or administrative order, California law provides protections for the parent or custodial person who is not the covered employee.

The insurer must provide qualifying information concerning the child’s coverage, including information such as the child’s insurance membership card. The noncovered custodial parent can also submit claims without needing the covered parent’s approval and obtain information specifically concerning the child’s insurance coverage.

These requirements can be especially important when communication between parents is difficult.

A well-structured California child support order therefore addresses more than the monthly guideline amount. Health insurance, reasonable premium costs, access to policy information, and future availability of coverage can all be important parts of ensuring that a child’s medical needs remain financially protected.

CATEGORIES:

Uncategorized

Tags:

Comments are closed

Latest Comments

No comments to show.