Health Insurance

The court routinely orders a parent to provide health insurance as a mandatory add-on for child support if it is available at no cost or a “reasonable cost.” Until recently, the court did not have guidelines to what a “reasonable cost” is for health insurance. Family Code, Section 3751 now provides some assistance for parents and the court. Starting this year, section 3751 has been amended to state that health insurance shall be reubatably presumed to be reasonable if the cost of the health insurance does not exceed 5% of his or her gross income.

Please contact the Law Offices of H. William Edgar. We can file a motion to quash the health insurance assignment if the cost of the health insurance is more than 5% of your gross income. You must provide the cost of the health insurance for the children only. “In applying the 5% for the cost of the health insurance, the cost is the difference between self-only and family coverage.”