Question:
I am paying child support in addition to insurance reimbursement.
The child support amount is not the problem; it’s the monthly insurance reimbursement, which accounts for roughly 20% of my monthly income!
Is there a limit to the amount of insurance reimbursement I am ordered to pay in addition to child support?
Answer:
This answer only includes general divorce help for men since I am only licensed to practice in Texas and am thus unable to provide specific financial advice on divorce.
There is a limit to the amount of medical support you are required to pay. Where I practice, the divorce laws provide in part that if a parent has health insurance for the child, the obligor (you) may not be required to pay for the continuation of that health insurance if it is not available at a reasonable cost.
Reasonable cost in Texas is defined as the cost of the health insurance coverage for a child that does not exceed 9% of the obligor’s annual resources.
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If you are paying more than the “reasonable cost” you will need to file a modification of the medical support order. The court will look at other options when determining how to order health insurance for the child in the following priority:
1. Order the parent who has access to health insurance for the child through a parent’s employment at a reasonable cost. If you have access to health insurance through your employer at a better cost and it is within the 9% of your annual resources, this would be an option for you.
2. Order the parent who has access to health insurance at a reasonable cost from another source. If you can find a health insurance plan from another source and it is within the 9% of your annual resources, this would be an option.
3. Order the obligor to pay an amount, not to exceed 9% of your annual resources, to the other parent as cash medical support.
Based on your facts you are paying above what is considered “reasonable cost.” You should research other plans and alternatives in preparation for the modification.
Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion and financial advice on divorce, I urge you to contact a divorce lawyer.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Houston Divorce Lawyer Robin W. Klein, please contact Cordell & Cordell.
