When child support is calculated in Texas, it is assumed that the person paying the child support is also providing the health insurance. Usually, this is done through the payor’s employment. If the payor does not have health insurance through his/her employment, or the payee has better or cheaper insurance available, then frequently, the payee provides the health insurance and the payor reimburses the payee for the cost. Oftentimes, the parent the child lives with, the payee, would prefer to carry the health insurance themselves, either because it is better or because it allows them easier access to records. Although there is nothing in the statute that says the payor gets to carry it if he/she wants to, that is the way that I have always seen it happen. This is because the cost of health insurance is constantly changing. If the payor is paying it directly, there is no squabble about whether the amount is right, or when notification of increase was sent or received.
It is assumed that the person paying child support is also providing health insurance.
If neither parent has access to health insurance through work, the payor is supposed to obtain it privately. The payor cannot be required to pay more than 9% of his net income for the health insurance. If the child can obtain Medicaid or Chip, the order will frequently be that the parents maintain the child on Medicaid or Chip. The payor is frequently required to reimburse the state for the cost. The reimbursement amount is on a sliding scale based on the income of the payor.
Do you have a family law question that you would like to ask a Texas attorney? Post it in the comments section below, and it may be addressed in a future video.