By: Koleilat Law
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Child Support and Healthcare
People see child custody simply as a regular payment made from one former spouse to the other, but there are more responsibilities when it comes to child support than just making payments. The child needs health insurance, or at least the assurance that if they become ill or injured, they will be properly taken care of. Who is responsible for taking care of a child’s health care? If you are providing the health insurance coverage, the cost of the premium is included in the child support guidelines. Of course, the parents may agree to equally share in the cost of health insurance.
The first thing that is looked at when it comes to the health insurance of the child is how affordable is the coverage. Other questions include: Is the cost reasonable? Is health insurance reasonably available to either party? Who pays the uncovered medical expenses? Other types of payments that come with health insurance such as co-pay may be paid fully by one parent or shared between both parents. The payment can normally be shared by one parent paying the copay and the other paying the parent back the required amount.
These values are based on the health insurance being done as a court ruling, and can be done differently if the two spouses agree on a different arrangement. The two spouses can create their own agreement on how the health insurance will be covered. Even though they decide how it will be handled, it is still a legal, binding action that both parties must adhere to, and is settled either in court, or it’s equivalent, such as divorce mediation. If the two spouses wish to alter the agreement for any reason, it must be done through legal channels, getting approved by a judge.
It is also important to talk about the Affordable Care Act, (a.k.a. ACA, Obamacare) and it’s effects on child custody. If you do not have health insurance, you must pay a yearly fine on your taxes. This also includes any children you have. They must also be covered by your health insurance plan, or you will pay a fine for them as well. When it comes to child custody, the parent that claims the child as a dependant on their tax returns is the one that must supply health insurance for the child.
If you have concerns about how your child custody will be affected by health insurance, or need someone to defend you during a divorce trial, our own Lauren Koleilat can help you to understand your situation. With her years of experience acting as a Daytona Beach family law and child custody attorney, you can feel confident in your decisions regarding the divorce.
It may be daunting, thinking about life after a divorce, especially when you may be left paying child support and alimony. In these events, knowledge is the best way to gain confidence. Know what may be ahead, and how you can make sure you are not cornered into agreeing to unreasonable demands. With her extensive years of practice and knowledge, Lauren Koleilat can make sure you walk into the courtroom with confidence.