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NLB1980

Medical Insurance and Child Support

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I currently have soul custody of my Daughter who is going to be turning 18 in less than two months. Her Father pays 70% of her non reimbursed Medical, He wants me to pay his deductible which is his family deductible before she can have a CT scan. Am I responsible? No I haven't met my $250 I'm responsible for. 

Also, Does he keep insurance on her until she is the age of 26 or does it stop at 18? It costs him nothing to keep her on it. It will cost me an additional $175 a month to add her on mine. 

 

Then The child support, She will be going to College in the Fall can he be required to keep Child support and Insurance on her since she will be a full time student?  This is not in our divorce decree, so I know I will have to take him back to court.

 

He also hasn't seen her in 7 years all he has done is pay child support some what and keep insurance on her.

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I currently have soul custody of my Daughter

 

Interesting concept, but I assume what you actually have is SOLE custody.

 

 

 

Her Father pays 70% of her non reimbursed Medical, He wants me to pay his deductible which is his family deductible before she can have a CT scan. Am I responsible?

 

No way to know without reading your divorce decree or custody/support order.

 

 

 

Does he keep insurance on her until she is the age of 26 or does it stop at 18?

 

Again, we obviously don't know what your decree/order says, and I'm unsure why you chose the age of 26.  However, once your child turns 18, she will be a legal adult and generally responsible for her own medical care and insurance coverage.  Unless the decree/order requires her father to insurer her after she turns 18, he will be free to drop her if he wants or to keep her on his coverage as long as the terms of his policy will allow.

 

 

 

Then The child support, She will be going to College in the Fall can he be required to keep Child support and Insurance on her since she will be a full time student?

 

According to this article (which cites and links to the relevant statutes), child support terminates when the child has both reached the age of 18 and graduated high school.  http://www.scfamilylaw.com/how-long-does-child-support-last-in-south-carolina/  My reading of the article is that child support may continue after that time, but only pursuant to an agreement between the parents.  Of course, arrearages remain recoverable and, if you and the father want to support her financially through college, you may do so voluntarily.

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She chose age 26 because under the ACA, the insurance carrier must allow a parent to continue coverage on their health insurance until that age. The parent is not obligated to do so but if they choose to, neither the employer nor the insurance carrier can prohibit it.

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She chose age 26 because. . . . 

 

Sigh....the ACA has nothing to do with a requirement that the father maintain insurance on the child, which is what the OP asked about.  While it might very well be the case that the OP was confused, neither you nor I nor anyone else knows why the OP did this, so maybe we could just let her explain herself (if she is so inclined).

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you didn't know why she chose the age of 26 and I answered.

 

Right, and your answer may be completely wrong.  You're making an assumption about why the OP did it, and that assumption may be wrong (just as it might be correct) and isn't terribly helpful even if it's correct.  My point is that my question to X about why X did something is best answered by X, who actually knows why she did it, and not by Z, who is merely guessing.

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When you work in benefits as much and as long as cgb and I do, you find some questions are universal. The number of employees who think a child must be covered by a parent until age 26 post-ACA is astoundingly high. Mom and Dad can take the child off well before that or not cover them at all. But when someone asks if the child can stay on the plan until 26, 99.9% of the time, ACA is the reason they are asking.

 

In this case, Dad has the legal ability to cover daughter until 26, but unless the divorce/custody agreement stipulates otherwise, he is not obligated to do so. Being as ACA is a relatively new law, many, many divorces and agreements were drafted well  before 26 was even a possibility and virtually no employers allowed it due to the then tax implications and cost of doing so. Therefore, this question comes up very, very frequently. ACA did not have any effect on such agreements, nor mandate coverage by a parent. Most agreements drafted more than a few years ago never spelled out coverage after age 18 as that wasn't a possibility. Now that it is, those parents who wish to incorporate this into an existing agreement must seek a modification through the courts. I can't tell you reliably how the court will come down on this as there isn't a whole lot of precedent to go on. I suspect it is much like college expenses, where it depends on the state, parent's ability to pay, child's circumstances, and availability of other means. Of course, like anything else, parents are always free to be more generous and choose to cover the child as long as the law and plan allows.

 

You may also seek modification with stipulations such as coverage and support continue only while enrolled FT in an accredited school, or whatever caveats you agree upon. Anything after age 18 is questionable. It would be best to consult with a family law lawyer in your area to get a better sense of what might be ordered and what generally is not.

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