24/7 call for a free consultation 888-504-2746

AS SEEN ON

Blog

Can I make him carry health insurance on our daughter?

July 1, 2018

Health insurance is a necessity. People need access to health care in the event of an emergency or ongoing, chronic illness. In the United States, there are several ways to get access to health insurance. A person can choose to buy a health insurance policy on their own where they assume all the costs of the policy each month. They can also get it through government programs such as medicare and medicaid. Many people get health insurance as part of their employment package. For married couples with children, decisions about health care can be complicated. Couples may have spent a lot time determining how to maximize their access and reduce their personal costs. For example, one member may have a better family health insurance policy than the other member. They may be able to access a family plan that’s lower in cost and offers more benefits. One member of the couple may not even access to health insurance at all other than through the spouse’s health care plan.

Changing Circumstances

Since access to health care is not necessarily a given in the United States, a separation and divorce can have all sorts of implications that each person will need to think about carefully. Many people don’t think about what will happen to their health insurance if they are getting a divorce. For some, health care access will not be an issue. They may have prior coverage via their existing job. They and their children may also be covered under existing state programs. In that case, a divorce will not have any effect on their health care coverage. The same is true for their children. If you are the one supporting your child and offering them health insurance, your child can stay on your health care plan even if the child’s father does not. However, if your partner is one who carries your health insurance, then you will need to think about what happens during the divorce process.

Negotiating Health Care Coverage

There are several possibilities that can happen when it comes to health care coverage for a child after a divorce. If your spouse has an insurance policy that is much cheaper and has better benefits than your own policy, you may want to ask them to keep this policy for your children. If you don’t have access to health care on your own, you may also want to ask him to keep covering your kids. This is where it can be highly important to make sure you have the right legal counsel on your side. When one party carries the costs of the health insurance coverage, it’s crucial to have this issue worked out during any divorce negotiations before the divorce is finalized. Most parents will do the right thing. Even if the two parties dislike each other intensely, most parents will make sure that their child always has health insurance access. However, keep in mind there can be details that may need to be worked out. For example, carrying a family plan is often significantly more expensive than carrying a single plan. A father may ask that the mother contribute at least some funds to the cost of the plan. Fathers may also ask that a woman consider applying for child health care coverage through the state. If she has a much lower income and they are divorced, the child may qualify for a plan that has lower costs than his plan but still offers health care access.

The Law

Laws governing health care vary by state. A mother can petition to require the former partner to provide health care for their child. The courts have ruled in the past that the child has the right to be covered and the right to get access to medical and dental care. A court can declare what is known as a medical support requirement. This is considered a form of child support. Parents can also work out who will pay which particular expenses. For a child with a chronic medical condition requiring a great deal of medical care, the parents may agree to split the amount with each parent agreeing to pay a certain percentage. This kind of agreement has the force of law behind it. If there are changes in the policy holder’s situation, by law the policy holder must notify the insurance company. Divorce is considered one such change. The insurance company must be notified that the parties have divorced as this can change the insurance company’s legal requirements.

Failure to Pay

If a spouse fails to pay the agreed upon amount for the health insurance policy, the other spouse can take them to court. This is considered a form of non payment of child support. A woman can demand that her husband immediately agree to pay the health insurance policy costs and have that demand enforced under state laws. Given the fact that health insurance is such a complicated thing in the United States, it’s vitally important that both parties to the divorce work out a satisfactory resolution to this issue when they negotiate the terms of the divorce. Unpaid medical bills are one of the biggest causes of bankruptcy. All spouses need to know in advance what is required of them when it comes to providing for their child’s health. A good divorce lawyer can help provide the legal advice necessary to come to an agreement.

Call Now!