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How to Handle Your Kids' Health Care After a Divorce

Kids' Health Care After a Divorce

Different states in the U.S. have regulations in respect to the care and custody of children after a divorce. In the state of Kansas for example, you get a 60-day compulsory waiting period after filing for divorce. Both federal and state laws require guardians to take care of their children's healthcare needs. Here are a few tips to help you do that post-divorce.

General Health Insurance Requirements

In all the states, family law courts require parents to cater for both the dental and medical expenses of their kids. For instance, it is recommended by The American Association of Orthodontists that kids visit an orthodontist by the time they are seven years of age. Here, we'll review some other common health insurance regulations for divorced partners caring for children.

Common Regulations

  • The non-custodial parent who is employed is to maintain the kids on their employers' health insurance coverage.

  • If the non-custodial parent does not have employer insurance coverage, they are to get a private plan to cover the kids.

  • Children are eligible for healthcare under state programs if both parents are unable to afford a health cover plan.

  • Children can be covered by two plans if both parents have employment insurance. One will be primary and the other secondary.

  • Should the parent required to provide health cover fail to do the same, they will be required to pay all healthcare costs incurred by the kids that are supposed to be covered by insurance.

Implications of the ACA on Divorced Parents

The ACA is a law that took effect on 1 January 2014. It has provisions on how divorced parents should provide health coverage for their kids. Let us look at some of those provisions.

The party that claims the kids on their income tax is required to prove that they have health insurance.

Generally, the custodial parent claims kids as dependents and the non-custodial one pays for health cover. In case of communication issues and the non-custodial parent fails to pay, the custodian of the children will have to pay.

Not all employers provide affordable healthcare plans, which may force the parent required to provide health insurance to use exchanges to get a pocket-friendlier plan.

Laws are put in place to ensure that employer insurance covers comply with court orders that have to do with child support. For instance, the Qualified Medical Child Support Order (QMCSO) requires employers of parties required to provide health cover by court orders to adhere to rules such as communicating a change in benefits. Note that QMCSO does not apply if insurance is bought on exchange.

Purchased insurance should be affordable.

Affordable is relative and because of that, most states in the US define that with respect to health insurance for kids of divorced parents. Research in 19 countries reveals that about 19% of the population wears dentures. That translates to one person in every five people. This is where affordability comes in.

All insurance firms must presently cover pre-existing health conditions.

Previously, courts ordered that plans for children with pre-existing conditions be maintained to avoid the kids not being covered by different plans. This is no longer the case because kids cannot be denied health coverage because of pre-existing conditions.

As you can see, there are laws in place to help you navigate co-parenting in case you and the other party are unable to agree on a plan. That said, both parents can avoid tax penalties and make their divorce easier on their children by communicating effectively.