Does Child Support Involve Health Insurance In Maryland?

Child support under Maryland family law imposes a financial duty on parents to provide for their child’s care. Generally speaking, the parents will split up child support obligations according to their respective incomes. Furthermore, parents are usually required to provide health insurance coverage for their child as well, if such coverage is available and accessible at a reasonable cost.

What are the Requirements for Health Insurance?

Maryland Code of Family Law Section 12-102 furnishes the regulations for providing health insurance coverage in addition to child support. Under this section, a Maryland court may require either or both parents to provide health insurance coverage for a child if:

• The parent can obtain health insurance coverage through employment or a group plan; and
• The cost to add the child to such health insurance coverage is reasonable.

Section 12-102 also lays out the rules for providing health insurance coverage as part of a child support order under Title IV of the federal Social Security Act. In these cases, a Maryland court may require either or both parents to provide health insurance coverage for a child if:

• The parent can obtain health insurance coverage through employment or a group plan; and
• The cost to add the child to such health insurance coverage is reasonable; and
• The child is able to gain access to such health insurance coverage.

For child support orders under Title IV of the federal Social Security Act, the cost is deemed reasonable if it does not exceed five percent of the parent’s actual income.

What Happens if Health Insurance is Unavailable or Unreasonable?

Section 12-102 provides guidelines for situations where the cost for health insurance coverage is unavailable or unreasonable. In these situations, a Maryland court:

• May require either or both parents to provide health insurance coverage in the future, if/when it becomes available at a reasonable cost; and
• Must require either or both parents to provide cash medical support, provided such support does not exceed five percent of their actual income.

What is Cash Medical Support?

Section 12-102 defines what qualifies as cash medical support. This term refers to any amount paid for:

• The cost of health insurance by either parent or a public entity; or
• Other medical costs that are not covered by health insurance, including extraordinary expenses.

Under Section 12-102, cash medical support is limited to five percent of a parent’s actual income. Furthermore, cash medical support is added to the overall child support obligation and divided by the parents in proportion to their adjusted actual incomes.

Do You Need Legal Help?

If you need legal assistance with child support under Maryland family law, it can be highly helpful to consult with a dependable Maryland child support attorney. Based in Bel Air, Maryland, the attorneys at Schlaich & Thompson, Chartered have more than 60 years of combined legal experience in family and criminal law, including child support. If you need legal help, contact us today for an initial consultation.

SOURCE:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=12-102&enactments=false