This blog entry is the fifth in a six-part series on child support in New York State. The purpose of this series of blog posts is to guide you through the basics of calculating child support and to make you feel comfortable and confident in your understanding of child support law. from new york.
Most parents going through a separation or divorce, whether they are in mediation, collaborative law, or litigation in court, are aware that some kind of payment of child support, if they have children. under the age of 21, but the details of the exact amount of child support that can be expected can be confusing.
In the first three posts of this series, I explained how to calculate the basic child support obligation, which is the initial part of a child support award. The last three posts in this series, including this one, will help you understand how to calculate the second part of a child support award, the “supplementary” categories.
additional (“supplemental”) categories of child support
under new york law, the basic child support obligation is not expected to cover all expenses in a child’s life. There are three special areas of expenses that the law breaks down individually and accounts for in a child support calculation. are child care, health and education. This post will explore child support rules related to health-related expenses.
In a divorce or child support case in New York, a court must determine the responsibility of the parents to provide health insurance benefits for the children and their respective responsibilities for the payment of health insurance premiums and expenses. unreimbursed medical Please note that this blog post focuses on families whose children are covered by private insurance plans, as opposed to those covered by government-sponsored plans.
provision of health insurance benefits
If the child is already covered by a parent’s health insurance plan, the court will order that coverage continue unless either parent requests a change. If either parent requests a change in coverage, the court has the discretion to order the child to be covered by either (or both) parent’s insurance, depending on the circumstances of the case.
When the child is not yet covered by a health insurance plan, but one or both parents have health insurance available, the court must order one or both parents to cover the child.
payment of health insurance premiums
Parents share the cost of providing health insurance benefits on a pro rata basis based on their income. if the custodial parent provides the insurance, the non-custodial parent’s share of that cost is added to the basic child support obligation. if the noncustodial parent provides the insurance, the custodial parent’s share of the cost is subtracted from the basic support obligation.
payment of unreimbursed medical expenses
Even when a child has full health insurance coverage, there are many health-related expenses that may not be covered, in whole or in part, by insurance. when that happens, one or both parents incur “unreimbursed medical expenses.” As part of a child support award, the court assigns each parent a prorated percentage of responsibility for all reasonable unreimbursed medical expenses.
As with child care, a court orders parents to share responsibility for reasonable health care expenses only. This means that a parent who incurs medical expenses that a court might deem unreasonable, and who does so without the knowledge and consent of his co-parent, risks bearing those expenses alone.