How Does Health Insurance Relate to Child Support in a North County Divorce?

Pierre Domercq Child Support

Another common question we receive: “Is health insurance part of the California child support guideline calculator or is it a separate issue? The answer of the cost of healthcare in a North County divorce or paternity case is often quite straight forward.
In North County both the Family Law Court and our Department of Child Support Services carry substantial authority in the matter of health insurance. Generally speaking, when a person is employed it is usually a reasonable expense to add a child to the healthcare offered as a benefit of employment. There may be an incremental cost for this, and based upon the unique circumstances of your case it may or may not increase or decrease the amount of child support.
The Court actually has wide disgression in these cases. It can order either or both parents to place children on their own health insurance plans as it deems necessary based upon the best interests of the child(ren). The law provides: “in any case in which an amount is set for current support, the court shall require that health insurance coverage for a supported child shall be maintained by either or both parents if that insurance is available at no cost or at a reasonable cost to the parent.” What is reasonable? Generally speaking the “reasonable” amount in these cases should not exceed 5% of the insured party’s income.
The Court further has broad disgression regarding any orders (including health insurance) which would be “unjust and inappropriate.”
This is why it is important to work with the experienced divorce and family law attorneys at Burke & Domercq. We have represented clients before North County Family Law Courts for decades. This experience provides extensive insight into complex legal issues including questions regarding healthcare and child support. We invite you to review the recommendations of our clients and contact us or call 760-712-3741 to schedule an appointment with one of our attorneys.