Schembs Law
Your Case Could Go To Trial.
Shouldn’t You Have A Trial Lawyer?

Call 317-643-6266 Today

Understanding who covers the kids’ healthcare costs

by | Oct 6, 2017 | Family Law

The emotions felt between divorcing couples in Indianapolis tend to run high give the circumstances surrounding the termination of their marriages. Yet despite any negative feelings they may have towards their ex-spouses, divorcing dads still typically maintain a strong love for their kids. It is that same love that buoys them in their efforts to offer continued support to their children. One area of support that must be considered is their kids’ ongoing healthcare needs. Information shared by Becker’s Hospital Review shows that as recently as 2014, $3 trillion was spent on healthcare in the U.S. The need to cover children’s healthcare expenses is apparent; the question is who is primarily responsible for it following a divorce?

According to the Indiana Rules of the Court, parents are obligated to obtain healthcare coverage (at a reasonable cost) for their children. Typically, the party responsible to carry such coverage is the one that can secure it at the least cost. In some cases, that may not be the noncustodial parent. If one parent has a history of frequently changing jobs or health insurance providers, the court may order both parents to carry insurance for their kids. In any event, the parent providing healthcare coverage are required to furnish the other with proof of it in order to avoid potential tax penalties imposed under the Affordable Care Act.

Who covers the cost of medical services that are not covered by insurance? 6 percent of all child support payments is reserved for uninsured medical expenses. The custodial parent is also required to cover an annual amount equal to that percentage to pay for such costs before the other is expected to contribute. For uninsured costs that go beyond that amount, the court apportions responsibility to pay for them according to each party’s contributing Percentage of Shared Income.

FindLaw Network