We are often asked: “How does health insurance relate to child support in a Carlsbad divorce? 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 Carlsbad divorce or paternity case is often quite straight forward.
Here in North County both the Family 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 discretion 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 and when does health insurance relate to child support in a Carlsbad divorce? Generally speaking the “reasonable” amount in these cases should not exceed 5% of the insured party’s income.
The Court further has broad discretion regarding any orders (including health insurance) which would be “unjust and inappropriate.”
This is why it is important to work with an experienced family law and divorce attorney at Burke & Domercq. Our attorneys have represented clients before North County and San Diego Family Courts for decades.
This experience provides extensive insight into complex legal issues surrounding divorce and answers to questions such as “How does health insurance relate to child support in a Carlsbad divorce?”
We invite you to protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.