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Health Insurance for the Children

By Carol W. Most
January 27, 2006

Health insurance has become an increasingly important component of child support over the past several years. Changes in legislation highlight society's increased awareness that health care coverage for children is of paramount importance to their welfare, and that a child's access to proper health care services should not be impeded by his or her parents' divorce.

For example, Both the DRL ' 236 (B)(4)and FCA ' 424 (A) have been amended to provide for mandatory financial disclosure regarding group health insurance plans. In the 1990s, the Family Court Act ' 416 (hereinafter F.C.A. ' 416) was amended several times with regard to medical benefits. F.C.A. ' 416(c) requires the court to identify in its child support orders the availability of any health insurance to the parties for the benefit of the children for whom support is sought, and to identify in the child support order all information required for a qualified medical support order. F.C.A. ' 416 (d) requires that the court order the enrollment of eligible dependents in an available plan where health insurance is available through employment for legally responsible relatives. See also Social Services Law ' 111. The court must further direct in the child support order that the legally responsible relative assign all reimbursements to the health care providers or to the party actually paying the expense. Health insurance benefits were expanded in the statute to include any medical, dental, optical, prescription drug benefits and health care services or benefits provided for the dependent through employment, organization or other available plan.

Who Pays?

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