Stethoscope on health insurance form

Health Insurance and Child Support

Law Office of Shelly Jean John Oct. 31, 2023

Under California law, parents have a responsibility to provide for their children's custody, care, companionship, and financial needs. In addition, parents who are no longer together—separated or divorced—must establish quality child support arrangements to cover the expenses needed to raise their child. As part of child support, the parents must also provide reasonable health insurance coverage for the children in a divorce to cover the cost of their medical, dental, and vision care. 

At the Law Office of Shelly Jean John, I'm committed to offering experienced legal counsel and reliable advocacy to clients in child support-related matters. As a California family law attorney, I can help you understand how to establish child support and factor health insurance into the support amount.  

Set up a consultation with me to get started. My firm proudly serves clients across Riverside, Ontario, Riverside County, and San Bernardino County, California. 

Factors Considered in Establishing Child Support  

Child support can be described as a court-ordered monthly payment from one parent to the other parent to help cover or support the cost of raising the child. In California, child support is typically calculated with the state's Child Support Guideline, found in the California Family Code. 

In order to determine the actual child support amount, the court may consider the following factors and financial information: 

  • Each parent's gross income 

  • The amount of time each child spends with each parent 

  • Any available income tax deductions that the parents can claim 

  • Whether a parent supports children from another relationship 

  • Childcare expenses incurred by either parent 

  • Mandatory payroll deductions, such as health insurance, pensions, and union dues 

  • The number of children in need of support 

  • Any other cost deemed relevant by the court 

An attorney can help determine the right amount of child support and enlighten you about how to factor health insurance into the support amount. 

How Health Insurance Is Factored Into the Support Amount  

Just like adults, children need health insurance coverage for financial protection in the event that they sustain an injury, become ill, or require medical treatment. According to California law, parents must provide health insurance coverage—dental, medical, and vision care—for their children at a reasonable cost. 

The cost of maintaining health insurance coverage for the children will be allocated to both parents based on their net incomes. California law states that, “Health insurance coverage shall be considered reasonable in cost if the cost to the responsible parent providing medical support does not exceed 5 percent of the parent's gross income." This amount will be factored into the overall child support arrangement. 

What if the Parent Ordered to Provide Insurance Fails to Do So?  

If your child's other parent fails to provide court-ordered health insurance coverage for your child, you can file a court action to enforce the support order. Alternatively, you can petition a contempt action requesting the court to enforce the existing child support decree and punish the non-compliant parent. A knowledgeable attorney can help you file the enforcement or contempt motion, represent you diligently in court, and help recover the required amount for your child's health insurance coverage. 

Reach Out to a Knowledgeable Attorney 

Establishing a child support agreement with health insurance coverage can be complex. At the Law Office of Shelly Jean John, I am available to skillfully and strategically guide clients in their various family law matters. Whether you're trying to establish a child support agreement, calculate the amount of health insurance, or recover court-ordered health insurance costs from your child's other parent, I can guide you through the legal procedures involved and advocate for your children's best interests. 

Contact me to schedule a simple case assessment. My firm proudly serves clients across Riverside, Ontario, Riverside County, and San Bernardino County, California.