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Who has to carry health insurance for the kids?

One thing that is not affected by your divorce in Clinton Township is the love and affection you feel towards your kids. You no doubt want to continue to provide them with all they need; thus your willingness to meet your child support obligation. Yet one need that your kids will have that may be difficult to calculate is medical care. This raises the question of whether you or your ex-spouse is required to carry health insurance for your kids, and what portion of their medical expenses you will be expected to pay. 

Per Michigan's Compiled Laws both you and your ex-spouse may be required to acquire health insurance coverage for your kids regardless of your custody situation. The only caveat to this is that the requirement is only applicable if coverage is available to you at a reasonable cost. This typically is not a concern when health insurance is available as a benefit of your employment, yet what if you are self-employed (or receiving income through other sources)? 

State law defines "reasonable cost" as not exceeding five percent of your gross income. Furthermore, you are not required to secure health care coverage for your kids in any of the following scenarios: 

  • Your net income is below 133 percent of the federal poverty level
  • Your child is covered by Medicaid
  • Your total support obligations exceed 50 percent of your net income

As for the amount of your child's out-of-pocket medical costs you are required to cover, your portion is equal to the percentage you contribute to the total family income. Therefore, if you contribute 65 percent of the income, then that is the amount of your kids' out-of-pocket expenses you are required to cover. 

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Lorrie J. Zahodnic

"I will hold you up until you can stand on your own two feet."

Lorrie J. Zahodnic, P.C. has provided skilled and compassionate legal guidance to Michiganders in family law matters for over 20 years.

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