Understanding Texas Medical Child Support Orders
For divorced or unmarried couples with children in common, ensuring those children are financially supported fully but fairly is a priority for both parents. Child support is necessary to ensure children are properly cared for and that all their needs are met for their welfare and well-being. A Medical Support Order is an essential part of that process. Here, we’ll delve into the essentials of medical child support orders in Texas, how they function, and what parents need to know to ensure compliance and the well-being of their children. For help with child support and other family law matters in Harris County, contact the Law Office of Maria Lowry to share your concerns with an experienced and compassionate Houston child support lawyer.
What Is a Medical Child Support Order?
A medical child support order is a legal document that outlines each parent’s responsibilities regarding their child’s health care coverage and expenses. In Texas, this order is part of the broader child support agreement and mandates that the child’s health care needs are met financially by both parents.
How Is Medical Support Determined?
The Texas Family Code requires that child support includes provisions for health insurance and unreimbursed medical expenses. Typically, the non-custodial parent is ordered to provide health insurance if it’s available at a reasonable cost through their employment or union. If health insurance is not available through the non-custodial parent, the court may order the custodial parent to obtain coverage if it’s available at a reasonable cost.
“Reasonable cost” means that the cost of adding the child to a health insurance plan does not exceed 9% of the annual resources of the parent who is providing insurance. If insurance is not available at a reasonable cost to either parent, the court can order cash medical support.
Components of a Medical Child Support Order
- Health Insurance Coverage: Specifies which parent is responsible for providing health insurance for the child. It includes details about the type of coverage and how it should be maintained.
- Uninsured Medical Expenses: Details how uninsured or out-of-pocket medical expenses, such as deductibles, co-pays, and other non-covered health services, will be divided between the parents.
- Cash Medical Support: In instances where health insurance is not accessible, the order may require one parent to pay cash medical support. This is an additional amount to the basic child support, intended to cover the cost of health insurance obtained by the custodial parent or to defray out-of-pocket medical expenses for the child.
Enforcement of Medical Child Support Orders in Texas
Failure to comply with a medical child support order can lead to enforcement actions similar to those for failure to pay child support. These can include income withholding, contempt of court proceedings, or other legal penalties.
Modifying a Medical Child Support Order
As with other aspects of child support, medical support orders can be modified if there is a significant change in circumstances. For example, if the providing parent loses their job or the child’s medical needs change significantly, either parent can request a review of the order. Modifications must be approved by the court to ensure that the new terms adequately meet the healthcare needs of the child.
Contact the Law Office of Maria Lowry for Help With Child Support in Houston Family Law Matters
Understanding and managing medical child support orders are vital for ensuring that children’s healthcare needs are met after a separation or divorce, or in any suit affecting the parent-child relationship. Parents should work proactively to understand their responsibilities and seek legal guidance when uncertainties arise. For families in Houston and Harris County, the Law Office of Maria Lowry, PLLC, provides high-quality family law services, offering clear advice and professional support to ensure that your children’s health and well-being are protected under Texas law.
For personalized guidance on your situation, or if you have questions about establishing or modifying a medical child support order, call the Law Office of Maria Lowry at 713-850-8859 or contact us online. Ensuring your child’s health care needs are met is not just a legal obligation, but a parental priority.