Texas divorce law health care
The procedure then considers the number of children involved in the current proceeding, and applies credits for support to children who are not part of the current proceeding. There is much more involved in this particular aspect of determining support.
Uninsured Medical Expenses and Child Support - FindLaw
Without the aid of counsel or a state caseworker, these amounts are very difficult to calculate. The resources or needs of either parent's new spouse or dependants may not be used to increase or decrease the child support obligation. The exception to this is award of additional court-ordered support payments. If the noncustodial parent remarries, has a second family, then divorces again, they can seek a modification based on court-ordered support for the second family.
The court cannot set a level of support that totals more than 50 to 65 percent of the noncustodial parent's earnings, when support payments are calculated from all court orders. As a result, a custodial parent or parents may only receive a prorated share of their support if the noncustodial parent has multiple support orders. Either or both parents may be ordered to make periodic, lump sum, or both types of child support payments. There are official child support guidelines set out in the statute and these are presumed to be reasonable and in the best interests of the child.
The factors for consideration are:. The court may order health insurance coverage to be provided for the child. In addition, the court may order income withholding to secure the payment of child support. Once this amount is determined it is essential to take a look at any appropriate Texas child support deviation factors that may be applicable to the situation.
Additional information about Texas child support can be found in the Texas state statutes. Extraordinary expenses are either add-ons, where the expense is added to the support payment, or deductions, where the amount is deducted, and indicated as either mandatory or permissive. Extraordinary medical expenses are considered mandatory deductions. Childcare costs are a deviation factor. In any divorce proceeding where children are involved, the court assigns a health benefit plan to be maintained, usually through either parent's employment.
Uninsured Medical Expenses and Child Support
In Texas, medical insurance premiums are assumed to be the responsibility of the noncustodial parent. Medical insurance premiums are considered an addition to the amount of support that is otherwise calculated by using the support guidelines. Most often, the noncustodial parent maintains a policy available through their employer. If that is not possible and the custodial parent has a policy available through their employer, the custodial parent will enroll the child, and the noncustodial parent will be ordered to pay the premium. If the custodial parent does not have a policy available, the court may order the noncustodial parent to purchase a policy.
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If the noncustodial parent cannot afford a private policy, they may be ordered to apply for coverage through Texas Healthy Kids Corporation. If that coverage is not available, as a last resort, the noncustodial parent will be ordered to pay an additional amount of support for medical expenses. When the noncustodial parent fails to pay child support as ordered, the custodial parent can seek enforcement by the court.
In Texas, methods of enforcement include wage garnishment, seizure of lottery winnings and tax refunds and suspension of drivers', business, and hunting licenses. If the support continues to go unpaid, the noncustodial parent can be held in contempt and be sentenced to six months in jail. More information about Texas Child Support Enforcement can be found at their website.
Generally, the obligation ends when the child reaches 18 years of age or the child graduates from high school, whichever occurs later. However, a court can order the obligation to continue for an indefinite period if the child is disabled. A child will automatically be ineligible for child support if that child marries, is removed from disability status by a court order, or the child dies. If the child turns 18 before he or she graduates from high school, the parent must pay child support until graduation.
Can he legally drop my from his insurance before the divorce is final? Brette's Answer : It actually varies from state to state and employer to employer. Some employers and insurers will stop coverage as of the date of separation, not the date of divorce. You can call the HR department at his company and ask what the rules are. Even if you are not allowed to stay on his plan, you are always entitled to continue health insurance through your spouse under COBRA if the company has more than 20 employees.
You should consult an attorney who can advise you how to handle the situation and what your options are. Can I drop him from my insurance before I file for divorce? Patty's Question : I haven't filed for a divorce yet, but I'm going to. I am the one who carries the health insurance on my husband through my employer so it is deducted from my check. I need this money to live on since he does not provide me with anything.
Options for Your Health Insurance During and After Divorce: Here’s What You Need to Know
Can I stop his health insurance before I file for divorce? Brette : You can, but it's likely the court might order you to continue it - it depends on all of the financial circumstances. What you could consider doing it asking your husband to pay you the difference between a single policy and a family policy. Can his lawyer make me put him back on my policy?
Karen's Question : My husband walked out on me 2 months ago, so I took him off my insurance policy. Now his attorney is saying that he has to be put back on. I was also told that he doesn't have to help me with any of the household bills because the house isn't in his name. Could you give me some advice? Brette's Answer : First of all, his attorney does not get to dictate what you do.
Only the court can order you to do anything. It is possible you can be ordered to put him on your insurance, but that's for the court to decide. Both the health insurance and the bills are going to be an issue of spousal support and that's going to depend on the entire financial picture.
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You should get an attorney to represent you in this. Can I make him carry insurance on our daughter?
Fallon's Question : Can I legally make him put our daughter on his insurance once she is born? Brette's Answer : Yes, you can request that he carry the insurance, and you can also file for child support as well. Good luck with this.
3 Myths Regarding Divorce and Health Insurance
What if I'm required to carry insurance but can't afford it? Nicole's Question : I am divorced and in my decree I am to carry health insurance for my children. I refused cobra because it was too high and I have 3 children. With what I am collecting plus support I am bringing in My children's medication without insurance is I make too much for assistance and he's telling me he only has to pay for un-reimbursed medical and is saying I am in contempt for not having insurance.
Is this true? Brette's Answer : If you were ordered to provide the insurance and do not, then yes, you are in contempt. Have you checked into a state health insurance for children? Many states offer programs that are billed on a sliding scale. You could also seek to modify your order based on your financial circumstances and the medical costs involved.
Can I force my ex to assume health insurance responsibilities? Vicki's Question : According to our divorce decree, I have a physical custody of our kids and I'm supposed to provide their health insurance. Can I force my ex-husband to assume health insurance responsibilities? Brette's Answer : You can ask the court to modify the order if you have a reason for the change. Is he required to carry the same benefits as when we divorced?
Lisa's Question : My ex recently started a different job than he had at the time of our divorce settlement. Our original decree ordered him to carry health insurance for our children and it had a low deductible and prescription drug plan. His new insurance has a very high deductible and no prescription drug plan. Does he have to find insurance that matches what he had at the time of our divorce? If he refuses, can I take him to court? Brette's Answer : It's unlikely the court would order that since he isn't given much choice about insurance plans through his employer, most likely. You could seek to have child support modified to include the higher medical costs.
How do I find out what type of coverage his plan offers? Lisa Asks : Do I have a right to ask his employer to verify the details of an employer based plan he is alleging he has before I remove the children from their current health insurance? Or must I blindly release the children to his health insurance without the ability to speak with his employer to verify details of the plan?
Brette's Answer : You would want to contact the insurance company, not the employer. And it would not make sense to cancel existing coverage until you have verification of coverage through him. And no, you don't have to move the children to that coverage if you don't want to. Do I have to pay half the premiums if I'm the primary parent? Gail Asks : My soon-to-be ex has our daughter on his health insurance since I have a temp job.
He wants me to pay for half of the health insurance for my daughter, which he gets coverage through his work.