A new Florida Florida coverage for children when the
health insurance is reasonable in cost and accessible.
The cost of
health insurance for the children is now presumed to be reasonable if it doesn't
exceed 5% percent of the gross income of the parent who's responsible for paying
for it, according to the new Florida Statute 61.13(2)(b)(1). Like any
presumption, it can be overcome, but the
paying parent must prove why requiring insurance is unjust or inappropriate.
In real
terms, this means that if you make $50,000/year, and health insurance for the
kids costs $2,500/year ($209/month) or less, you must buy it because the cost
is in the presumed reasonable range. The court can only
deviate from this "presumed reasonable" requirement with written
findings explaining why ordering or not ordering health insurance for the children
would be unjust or inappropriate, based on evidence presented by the paying
parent.
The Florida Legislature also
changed the definition of accessible. Now, health insurance is accessible if it
is available to be used in the county of the child's primary residence. If your
time-sharing plan provides for equal time-sharing, health insurance is
accessible if it is available to be used in either county where the child
resides.
If coverage is available to either parent at a reasonable rate from a
group health plan, the court can require the paying parent either provide
health insurance coverage or reimburse the parent providing health insurance
through an employer insurance plan.
Remember in the Florida
I have a situation where as the mother, I am responsible for providing health insurance pursuant to the divorce agreement and abided by that for 2 years. The father had another child and offered to add the subject children to his "family plan" health insurance as it would not cost him any additional money and was saving money for me, the mother. Currently, father is behind on child support, I have filed a Motion in order to collect arrears and father has filed a counter claim for health insurance premiums. My question is, if father was not paying any additional cost toward a "family plan" wherein the same premium exists for 1 or more children, is he entitled to such reimbursement and/or credit toward child support in arrears?
Posted by: Kim | March 10, 2010 at 12:13 AM