Health Insurance in Child Support Orders – Family Code 3751

A child support order is not complete without an order on health insurance. California Code Family Code § 3751 requires the court, in any case in which it orders child support, to also order that health insurance coverage for the supported child be maintained by either or both parents if that insurance is available at no cost or at a reasonable cost to the parent.

Coverage through a parent’s employer or union plan is the usual source. The cost of the premium for the child is taken into account in the guideline support calculation, and the uninsured portion of the child’s medical costs is typically shared between the parents as an add-on to basic support under California Code Family Code § 4062. Keeping the child on a plan is therefore not a favor one parent does for the other; it is part of the support obligation, and the cost is already reflected in the numbers.

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