Some of the most common questions we receive in divorce cases involving children deal with health insurance coverage.
It should be noted if you are going through a legal separation with your spouse, health insurance coverage provisions could be written into any agreement. In many cases, the parent who was responsible for making insurance payments continues to do so until the children reach a certain age (often called the age of majority).
In addition, insurance premiums are generally not included in alimony or child support, but they can be factors when deciding amounts involved in these forms of compensation. It should also be noted that once a divorce is filed, a parent cannot take a child off an existing insurance policy. This means that you cannot act in spite against your former spouse and remove a child from an existing form of coverage.
Can I Talk to an Attorney About My Health Insurance Coverage in a Divorce?
Issues involving child custody and support, including questions surrounding insurance payments are some of the more emotionally draining aspects in any divorce case. This is why it is so incredibly important to work with an experienced family attorney, who will help provide you with counsel for not only your interests, but also the interests of your children.
When it comes to child support, both New York and New Jersey use income-based formulas to calculate the amount of support owed from one parent to another. Items like medical insurance, daycare expenses and extracurricular activities can be spilt in proportion to a parent’s income.
Talk to our family lawyers if you are contemplating a divorce and have questions about support. Our attorneys have almost four decades of experience in family law negotiations, and we will help you move forward.
Keep in mind, all support orders should be reviewed over the years, as circumstances may change through complications like job loss or changes in income.
Kantrowitz, Goldhamer & Graifman, P.C. – Rockland County Divorce Attorneys