Child Support - Who is responsible for providing health care insurance?
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Question
I am divorced and remarried with 3 children. My ex-husband
does not carry any insurance for our three children. My new husband
has added myself and my children to his insurance. I thought it was
a Michigan State law that both parents carry insurance for the children.
I believe my ex-husband does not have insurance available through his employer.
My question is this: Should my ex-husband be responsible for some
of the cost for medical coverage being supplied through my husband's employment
since he is not carrying any type of coverage for them? It seems
that he should be responsible for helping to cover the cost of insuring
our children. Any information you have on this would be appreciated.
Answer
The law in Michigan directs that the court must order one or both parents
to be responsible to obtain or maintain health care coverage that is available
at a reasonable cost as a benefit of employment. You should look
at your court order to see if your ex-husband is required to provide coverage.
If he is and has it available through employment, you can contact your
Friend of the Court for enforcement of that provision. The Michigan
Child Support Formula provides for cost-sharing of health care premiums
paid for covering the minor children. In other words, if you (and
your husband) pay health care premiums for the kids, the court can order
the other party to contribute. This requires that your order be modified.
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Last Updated: 4-18-07
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