family banner

We Take Your Legal Issues Personally

Key points about child support, health care and medical coverage

On Behalf of | Sep 3, 2021 | Child Support |

In an Indiana divorce where there are children involved, it is important that the child’s needs are met. Of course, that includes the basics like a safe place to live, proper nutrition, education and health care. Regarding health care, there are legal requirements that are part of the child support agreement. To make sure that the child gets what he or she is entitled to, it is imperative for both parents to understand the fundamentals. If there are issues or disputes, having assistance to serve the child’s best interests is key.

How health care and medical support are handled in a divorce

As part of the divorce, the court will order that the child has health insurance at a reasonable cost. This will be paid for by one or both parents. There is no rule as to which type of coverage will be provided. It can be through a public option like Medicaid or Children’s Health Insurance (CHIP); it can also be through the Affordable Care Act (ACA) or from one of the parent’s employers. As for accessibility, the coverage must be available in the area in which the child resides.

Costs are also considered. With the term “reasonable cost,” it is presumed that the parents will have health care coverage at a cost that is categorized as reasonable. This can be rebutted if it is shown that the lowest amount to be paid out of pocket goes beyond 5% of the combined gross incomes of the parents. In this situation, a public option might be the least expensive alternative. When the child cannot get health care at a reasonable cost, the parties must pay in cash for what is not covered by insurance.

Medical coverage is a crucial part of child support

In a family law case, parents should understand that the child’s best interests are the court’s primary concern when deciding on child support. That will include the medical coverage and health care. These rules are in place not to punish the custodial and noncustodial parent, but to care for the child. There are often other factors that can be considered as part of the case. To establish and modify an agreement, it is important to be fully protected and to know the law. Having qualified help can be vital with achieving a positive result and ensuring the child gets quality care.