fbpx

The responsibility to provide health insurance for kids.

KidshealthHaving health insurance for a minor child is smart.  In a Michigan divorce or child custody case providing health insurance is also a responsibility.

Who is responsible to provide health insurance?

The responsibility to provide health insurance for a minor child is provided in the Michigan Child Support Formula Manual (“MCSFM”) section 3.05(B) which provides that a court must order one or both parents to maintain health care coverage for the children if it is available at a reasonable cost as a benefit of employment.  If a parent is self-employed if a parent is insured, the child must be insured.

Who pays for health insurance?

The reasonable cost of health insurance for a minor child is defined in section 3.05(A) of the MCSFM.  The cost of health care coverage for a minor child is reasonable if it does not exceed 5 percent of the parent’s gross income.

The cost of maintaining insurance for a minor child is shared by the parents according to each parent’s percentage share of the family income.  The MCSFM provides a specific formula for calculating how the health insurance premiums are divided in section 3.05(C)(2).

Ordinary expense payments and Extra-ordinary medical expenses

The MCSFM distinguishes between “Ordinary expense payments” and “Extra-ordinary medical expenses”.

Ordinary expense payments is an annual amount of money that restarts every year and is pre-paid monthly by the supporting parent as part of the monthly child support obligation.  The current Ordinary expense payments are provided for in a supplement to the MCSFS:

  • 1 child $357.00 annually or $29.75 per month;
  • 2 children $715.00 annually or $59.58 per month;
  • 3 children $1,072.00 annually or $89.33 per month;
  • 4 children $1,430.00 annually or $119.17 per month;
  • 5 or more children $1,787.00 annually or $148.92 per month.

Medical expenses that exceed the Ordinary expense payments are called Extra-ordinary medical expenses.  These expenses are shared by the parties pro-rata based on income.

What if a new spouse is providing health insurance for the minor children?

The Michigan Supreme Court addressed the issue of a new spouse or another 3rd party is providing health insurance for a minor child in a Memorandum dated June 13, 2011.  If a new spouse or 3rd party is providing health insurance for the minor child, the order should identify the parent is maintaining insurance and all the obligation to be fulfilled through the third party.

About Findling Lawdivorce and christmas

I have been exclusively practicing divorce and family law in Michigan for over two decades.  The attorneys at Findling Law all share the core value of practicing law to help people navigate change in their lives, without compromising principles.  We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances.

That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.

We want to help you manage your situation. Let our exceptional legal team help you . . .

REQUEST A FREE CONSULTATION DISCOVER MORE

Local: +1 (248) 399-3300 – toll free:   (877-YOUR FIRM)

After hours emergency?:  +1 (707) 968-7347

Or email me at:   Daniel@Findlinglaw.com

By:  Daniel Findling

Articles on Michigan custody modification

 

Leave a Reply

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

Call Now Button