If you are getting a divorce and have one or more children, then you know there are a variety of child support issues that will need to be sorted out. One of these issues is called medical support. Keep reading to learn more and then reach out to Kendall Gkikas & Mitchell at 909-482-1422 to make an appointment with an experienced family law attorney.
What is medical support?
Under both California and federal law, any child support order in this state must include a medical support order. It will require that one or both parents of the child provide health insurance for the child in question, but only if said insurance is available at what the judge deems a “reasonable cost.” If the court decides that it would cause a financial burden then it may not be required. The law states that it is considered “reasonable” in cost if it is no more than 5% of the gross income of the parent expected to pay for it.
What you need to know about medical support
According to California’s Family Code, health insurance is not limited to standard health insurance – it must also include dental and vision coverage. If a parent is required to provide health insurance then said insurance must be accessible, which is defined as offering medical care within 50 miles of the residence of the child.
The payments a parent makes for medical support are not included in the amount of their standard child support payments – they are additional monthly payments. Any health costs not covered by insurance are divided between parents by the family court.
What to do if you cannot afford medical support
If you are the parent who has been ordered to pay medical support and can no longer afford it, then you may need to file a child support modification. With the cost of health insurance rising and wages remaining stagnant in many sectors, it may be that the cost of the child’s health insurance is now more than 5% of your gross income.
What to do if your child does not have medical care
If your child is without health insurance then there are a few options. You may find that if you and their other parent are not able to afford insurance that you qualify for state programs that offer reduced or free insurance. There may also be reduced options available through private parties. If you have a non-official child support agreement and neither you nor their other parent is officially responsible for paying it, we can help make it official.
Your child needs health insurance and they deserve it. If you have questions about child support and / or medical support then we urge you to contact Kendall Gkikas & Mitchell at 909-482-1422 to schedule a consultation with an experienced family law attorney.
