Whether or not a parent or both parents are required to provide health insurance for a minor child is a common question that arises when dealing with child custody and visitation cases. Sometimes one parent’s employer will provide such coverage, or sometimes the employer for both parents will offer health insurance for the minor child. In either of these cases, the parent’s usually do not mind providing health insurance for their minor child because it’s being provided through their employer.

However, other times neither parent will have this option through an employer. In these instances, the party’s tend to argue more over who is responsible for providing such health insurance for their minor child and what such coverage entails.

Under the Family Code, both parents have a duty to provide health insurance for their minor child if available. This comes from Family Code § 3751 (2). Family Code § 3751 (2) states that “in any case in which an amount is set for current support, the court shall require that health insurance coverage for a supported child shall be maintained by either or both parents if that insurance is available at no cost or at a reasonable cost to the parent. Moreover, if the court determines “that health insurance coverage is not available at no cost or at a reasonable cost, the court’s order for support shall contain a provision that specifies that health insurance coverage shall be obtained if it becomes available at no cost or at a reasonable cost. Upon health insurance coverage at no cost or at a reasonable cost becoming available to a parent, the parent shall apply for that coverage.”

So what type of coverage must be provided? The Family Code also answers this question. Under Family Code § 3750, “Health insurance coverage” as used in this article includes all of the following:
(a) Vision care and dental care coverage whether the vision care or dental care coverage is part of existing health insurance coverage or is issued as a separate policy or plan; and
(b) Provision for the delivery of health care services by a fee for service, health maintenance organization, preferred provider organization, or any other type of health care delivery system under which medical services could be provided to a dependent child of an absent parent.

We hope that the information in this blog gives you some helpful insight into proving health insurance for a minor child. If you or a loved one needs assistance with this or any other type of family law issue, call the family law attorneys at Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive family law attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their family law matters for over 30 years and we would like to help you with yours! A qualified, experienced attorney from the firm will be able to evaluate your case when you call.