Florida Child Support Health Insurance | Orlando FL Child Support Attorney
Florida Child Support Statute 61.13 specifies that each child support order enacted by the court must include a clause regarding health insurance for the minor child(ren). Granted, child support negotiations can include a stipulation by the parties specifying how the parents will pay for health care costs (deductibles, co-pays, premiums, vision, dental, etc.) and thus payments can be made independent of a court-order for child support, but will be referenced by the Order itself. If Florida child support health insurance (really a title rather than an actual service provided by the insurers) is ordered by the court, the order must particularize that the insurance must be reasonable in price and must be available to the minor child. Attorney Jacobs is an Orlando FL child support attorney.
Reasonable Cost of Florida Child Support Health Insurance
Reasonable in the case of Florida child support health insurance means that the cost should not exceed 5% of the gross income of the parent ordered to or responsible for paying for the health insurance. Similar to many other evidentiary standards and practices, the fact that Florida child support health insurance is available for a “reasonable” cost is rebuttable, meaning arguments can me made to the contrary or in support of its reasonableness in pricing. Moreover, non-covered medical expenses may be added to the equation to provide a more in-depth assessment and analysis of reasonability and of costs owed or shared among the parties. Contact an Orlando FL child support attorney today to find out more. Circumstances which could involve higher prices involve minor children with dire health conditions, or significantly higher incomes of the parties.
Accessible Florida Child Support Health Insurance Coverage
In order to be considered “accessible,” health insurance must be usable in the county wherein your minor child lives/resides, or it must be applicable in the majority-time-sharing parent’s county of residence. As is often the case, if the parents enjoy equal 50-50-time-sharing, then the Florida child support health insurance should be usable in both parents’ counties of residence. Essentially, a plan should allow for the minor child to be seen by a physician if and when necessary due to health issues, without the child being rejected based on geography, which could pose a danger to the child’s overall health.
I have endeavored only to provide general guidance based on the Statute. This is not intended to be legal advice, but more so as a skeleton for how the court might render decisions based on Florida child support health insurance. Your individual circumstances will vary greatly just as the incomes and abilities to pay and needs of the payees will change from case to case. My intent is only to help elucidate the Statute and how it provides for some instruction because the Statutes are not always crystal clear to non-lawyers. Call the Jacobs Law Firm to speak with an Orlando FL child support attorney.
This blog article is intended to provide general guidance, but in no way is intended to apply to the specifics of your unique case. All divorce cases and paternity cases are different in some regard.