Insurance for Children
by: Legal Aid Services of Oregon
CONTENTS
Does the parent who is ordered to pay child support also have to provide health insurance for the child?
How can I make sure the non-custodial parent obeys the court order to get medical insurance for my child?
Who must pay for my child's health care costs that are not covered by insurance?
Can the child support order require buying a life insurance policy?
Does the parent who is ordered to pay child support also have to provide health insurance for the child?
Yes. Unless the parent who has custody chooses to provide insurance, the other parent must put the child on any suitable and reasonable group health insurance plan that is available through work or a union. There is an exception if the parent's cost of the child's insurance is more than the amount of the cash child support obligation. The cost of the insurance is divided on a percentage basis between the two parents. The amount of child support to be paid may be reduced or increased, depending on which parent provides insurance and how much insurance costs.
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How can I make sure the non-custodial parent obeys the court order to get medical insurance for my child?
If the District Attorney (DA) or Department of Justice (DOJ) is handling your support case, they will handle health insurance issues for you, too, at no cost. If the parent who owes support is ordered to provide health insurance, the enforcing agency will require that parent's employer to put the child on the health plan and deduct the insurance cost from the parent's wages. If the DA or DOJ is not handling your case, you will need an attorney.
If a parent was ordered to provide medical or dental insurance and did not do so, that parent is responsible for paying for all of the child's medical or dental costs after the date of the order. The doctor or dentist still may ask you to make this happen, if the other parent does not voluntarily reimburse you.
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Who must pay for my child's health care costs that are not covered by insurance?
If the parent without custody was ordered to get insurance and did not do so, that parent is responsible for paying. If there was insurance but if it didn't cover all costs, the parent with custody must pay unless the divorce or support order states that these costs are to be shared or paid totally by the other parent.
If you are going through a divorce, make sure that you think about health costs that are not covered by insurance and that you ask in your court papers for what you want. If the District Attorney or the Department of Justice is getting your support order, talk with them about medical costs and make sure that the judge or hearing officer is told what you want to do about costs that are not covered by insurance.
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Can the child support order require buying a life insurance policy?
When the parent who pays child support dies, the child support stops. But the child
support order can require that parent to buy a life insurance policy that gives the children a one-time cash settlement when the parent dies.
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