Compensation Claim: How a Lawyer Can Help You

About Me

Compensation Claim: How a Lawyer Can Help You

My name is Fran. When I was involved in a road traffic accident, my world was all shook up. Not only did I have to spend some time in the hospital, meaning that I couldn't go to work, I also had to deal with the insurance company. All of this would have been overwhelming if it wasn't for the fact I had some legal help. I had never had to instruct a lawyer to act on my behalf, but it turned out to be the best thing I ever did. My lawyer was able to file a claim for compensation which covered the cost of my medical care and the earnings I had lost due to my injury. Now I am back to full health, so I decided to start this blog to help people who need a lawyer.


How Is Health Insurance Factored into Child Support?

Parents have a responsibility to provide adequate financial support to their children. As such, family law courts have to take their time and address the vital issue of child support properly. 

Most states did not always include health insurance in child support payments. But nowadays, the agreements can include health care coverage as part of the settlement terms. 

Below is an outline of how a family court factors health insurance into child support. 

Who Covers the Child's Medical Expenses If Both Parents Have Health Insurance Plans? 

In most cases, parents with health insurance plans should continue covering their children even after a divorce. But sometimes, the court can decide which parent will provide health coverage to their child even after a divorce.

Sometimes, a parent can fail to include their children in their job-based health insurance plans if the insurance coverage doesn't have room for that arrangement. In this case, the court may order the parent with better coverage to include their child in the plan. 

The court can also order both parents to cover their child in some cases. One parent's plan can serve as a primary plan, while the other's policy becomes a secondary plan. The secondary plan can even cover the expenses that aren't covered in the preliminary plan. This way, the child's best interests are protected, ensuring both parents play a role.  

What if Parents Don't Have a Health Insurance Plan? 

Unfortunately, a huge chunk of the Australian population does not have health coverage. Health insurance is expensive, and not everyone can afford it. For that reason, courts start by determining the financial situations of uninsured parents. A judge can then refer them to the affordable health insurance plans available in their state. 

Both parents share the cost of health insurance equally. If the custodial parent pays for premiums, the non-custodial parent's share of the cost is often added to their child support payments.

All in all, parents must ensure that they follow court orders. No parent should evade paying for health insurance to cover their child if the court decides on it.

Who Pays for The Uninsured Medical Expenses?

Courts also determine how parents will pay for uninsured medical expenses. Examples of extra medical expenses include co-pays, deductibles, and surgery costs. 

The court may order each parent to contribute to uninsured medical expenses. A judge may also rule that they split the cost of medical devices such as prescription glasses and dental braces. 

Again, the divorcing parents must ensure they follow court orders. Failure to do so is considered a breach of the child support agreement. A breach can result in the garnishing of wages or even revocation of professional licenses if one parent doesn't adhere to the agreement.