Who Pays a Child’s Health Insurance and Uninsured Medical Expenses After a New York Divorce?
Child support is more than just monthly support one parent gives to another. In addition to health insurance, children may also have medical expenses that are not covered by the policy. In a New York State divorce, the court decides which parent should cover the child’s medical expenses and how reasonable medical costs should be split between the parents.
Who provides the children’s health insurance?
When creating a child support order, New York courts consider the availability of health insurance for both parents. If the child already has health insurance coverage, the court will usually order that the coverage should be continued. However, if the child has no health insurance coverage and only one parent has health insurance, the court can order that parent to cover the child.
If both parents have coverage, the court may consider the costs and comprehensiveness of the coverage when deciding which parent should cover the child. The court will consider the matter in terms of the child’s best interests.
How are health insurance premiums divided?
Under the Child Support Standards Act of New York, the cost of available health insurance will be allocated on a pro-rata basis based on each parent’s income. For instance, if one parent earns 60% of the total income and the other earns 40%, the cost of insuring the child will be calculated using these ratios.
What matters is how you allocate the cost of insuring the child, not necessarily the cost of a parent’s family health insurance plan.
Who pays for expenses that insurance doesn’t cover?
Even the best health insurance plans don’t cover everything. The family could face deductibles, copays, and other reasonable medical costs not covered by the insurance plan.
In New York, this generally means the reasonable unreimbursed health care costs must be split between the two parents in the ratio of their respective incomes. This means the parent who earns 60 percent of the total income is liable for 60% of the total cost of health insurance.
What happens if a parent doesn’t pay?
Conflicts could arise when one parent pays off a medical bill, but the other does not contribute their share. Every divorce agreement or child support order should address what percentage each parent must pay. You should also keep copies of bills, insurance papers, receipts, and documents showing your request for reimbursement.
Under New York State law, a non-custodial parent’s court-ordered share of reasonable, unreimbursed health care costs that are proven payable can be considered child support arrearages, meaning the debt can be enforced like the rest of the child support payment.
A parent who willfully refuses to obtain health insurance ordered by the court may be subject to penalties.
Talk to a Westchester County, NY Child Custody Attorney Today
The Law Office of Robert S. Sunshine represents the interests of New York residents who need to establish a child support order. Call our Westchester County family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
