During divorce proceedings, there’s a division of assets and liabilities, as well as financial responsibilities. This can become a truly complicated process, especially when there is a child in the mix. Both parents are responsible for caring and looking after a child, but assessing who pays for what exactly isn’t always clear-cut. For example, who covers health insurance? What about when this involves a child who has a chronic or long-term illness, or suddenly racked up extensive hospital bills after an unexpected accident or injury?
Today’s post is a look at this very topic. Family law is complex as-is, but adding the complexities of the medical insurance system in the U. S. can be downright overwhelming.
Parents are Legally Required to Cover Health Insurance
Both parents are responsible for the well-being of a child. This includes having access to health insurance. When parents have access to health insurance via their employer, they are required to add their children to the plan. But which parent has to do this?
This assessment is made during the divorce itself. The family law courts make this decision based on a few different factors, including whether a parent has a better plan than the other, the financial situation of each parent, the sum of all assets and liabilities assigned to that parent, and more.
In many cases, the parent who received child support is assigned as the responsible parent for medical insurance costs. This isn’t a hard and fast rule however and the final arrangement can vary depending on your circumstances.
Finally, there’s also the option for you and the ex to make this decision together. You can come together to discuss a plan about who covers medical insurance, existing medical bills, new medical expenses, and more.
Clear Up Ambiguity and Get Help From a Family Law Attorney
It’s important that you know what to expect, especially because making any modifications to health insurance post-divorce is not allowed and can lead to fees, penalties, and more.
Ultimately, the final arrangement will look different from divorce to divorce. The best way to prepare is to consult with an experienced family law attorney, someone who has decades of experience with divorce proceedings and family law in CA.
We offer free initial consultations at the Law Offices of James P. White. Give us a call today at 925-271-0999 today to book a free initial consultation session.