Child Support - Is there a limit on the cost of health insurance that a
parent may be ordered to provide?
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Question
I am divoreced with 2 children and my ex husband has been court ordered
to provide health insurance for both children and refuses due to the fact
it cost to much. Barry County Friend of the Court (FOC) states that
state law is that he doesn't have to provide health insurance that is 5%
or more of the monthly income How true is this and is there
anything I can do to enforce the court order? In the same order my
child support was lowered to accomadate for the health insurance.
If he doesn't have to provide insurance than should the child support be
raised to where it originally was?
Answer
The Michigan Child Support Formula [Section 3.05(A)] states that "A reasonable
cost for providing private health care coverage for the children does not
exceed five percent of the providing parent's gross income". If the
other party has shown that the cost exceeds that amount, the court/Friend
of the Court (FOC) would not be able to force him to provide it.
If, on the other hand, we had a payer who was given a premium credit
in the support obligation and the net result was that the cost to the payer
does not exceed 5% of his or her gross income, I would direct our staff
to proceed with enforcement. It would be up to your FOC, however,
whether or not they would proceed in that manner.
If he gets a premium credit in his support obligation but is not providing
the coverage, you have the right to request that support be reviewed or
to petition the court to modify the support obligation due to a change
in circumstances to remove the premium credit.
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Last Updated: 9-20-09
Send your comments, questions and suggestions to Phil Harter at 161
E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to: pharter@calhouncountymi.gov