1. 5527 POINTS
    Marlin McKelvy
    President, Consumer Directed Benefit Solutions, Memphis, Tennessee
    That depends entirely upon how the child support agreement was constructed.  If there is not a specific requirement in the child support agreement that the person required to provide child support is required to provide health insurance for the child(ren) then there is a very high probability that they would not be required to provide health insurance.  So, if the child support judgment requires one partner to just pay "X" amount of dollars every month for child support and makes no mention of a requirement to provide health insurance either out of that amount or in addition to it is unlikely that without a new judgment the ex-partner would have to provide health insurance.  In my experience, a good divorce attorney specifically addresses this issue in writing in the order of child support as to which parent has the responsibility for providing health insurance for dependent children and even the potential duration of this requirement and the circumstances where it might be voided (re-marriage for example).

    I am sure the rules on this crucial issue vary from state to state.  Any couple with children who are divorcing should have this issue of responsibility for health insurance coverage clearly spelled out in their divorce and child support agreement.
    Answered on May 6, 2014
  2. 3998 POINTS
    Matt Benore
    Founder, DenverWest Insurance Professionals, Inc.,
    The answer is in your court documents.  For me, my son lived with his mother about 65% of the time, we had joint custody and since she was primary, she was responsible for providing the health insurance.  Any out of pocket costs we split 50/50.  I did not have to pay extra support for health insurance.

    That said, I know of others who had to split the cost of health insurance and out of pocket expenses.  Talk to your attorney or see your court papers.
    Answered on May 6, 2014
  3. 21750 POINTS
    Jim Winkler
    CEO/Owner, Winkler Financial Group, Houston, Texas
    Great question! The answer will depend upon your lawyers and your divorce agreement. Typically, the parent with the primary custody takes responsibility, but I have seen where one parent has access to a better policy, and so the kids were listed under that policy.  Others split the costs. Hopefully you can work it out to where the kids are taken care of in the best way possible from both of your opportunities. Thanks for asking!
    Answered on May 7, 2014
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