and Child Support
Who pays for the children’s health insurance after a separation or divorce? If one party has access to free or reasonable health insurance, the court is required by statute to order that person to provide insurance to the children. If it is not immediately available, the Judge must order the parents to provide it when it becomes accessible.
When there is joint legal custody, both parties are allowed access to the health insurance information.
Sometimes, a parent is ordered to continue the children on employer provided insurance. If they fail to do so, the other parent can ask the Judge for a “Health Insurance Coverage Assignment” which directs the employer to cover the children under the group health plan.
During a divorce, a party may also give notice to a health insurance carrier or plan that they cannot drop the children. Consult with a family law attorney as to the procedure for doing this.
It is important to get orders as to who will bear the costs if health insurance does not cover a medical expense before such a need arises. Many times, these expenses are split between the parties evenly, but other arrangements can be made if they’re thought through ahead of time.
When it comes to health insurance, you don’t want your children to be uncovered. Work with your family law attorney to get the best coverage for your children.
Return to Support from Health Insurance