Legal Question in Family Law in Texas
In the state of texas who (non custodial or custodial parent) pays for the health insurance of the kids? or it depends on what it says in the divorce decree? and what is the percentage per one kid the non cutodial parent has to pay to the custodial parent?
2 Answers from Attorneys
It depends on what's in the decree. Usually the decree requires the non-custodial parent to pay.
Usually it does NOT involve any money paid to the custodial parent, unless it's for reimbursement to the custodial parent for paying an insurance premium.
While you and your spouse can agree to pay health insurance in some different way that works better for you, the Texas statutes call for the non-custodial parent to provide health insurance for the children. It is considered an additional form of child support. If health insurance is not available to the non-custodial parent, the custodial parent can enroll the child under their policy of insurance and the non-custodial parent would then pay the other parent back for his or her costs to insure the child.
Again, the parents can agree to anything they want and set forth those agreements in the divorce decree. But, absent an agreement to the contrary, the statute calls for the party paying child support to also pay for the child's health insurance.
Hope that helps.