How Is a Child’s Healthcare Paid For After an Illinois Divorce?

 Posted on August 05, 2021 in Family Law

In the recent past, the Illinois legislature updated Illinois law to reflect the State’s commitment to considering a child’s wellbeing during divorce, child support, and custody proceedings. Few things are as important to a growing child as access to adequate healthcare. Parents may be unsure how a divorce will affect their child’s insurance coverage, or who will pay for healthcare-related expenses. In this blog, we will answer some common questions about how a child’s healthcare coverage and expenses are commonly handled by Illinois courts.

Who Provides Health Insurance?

Generally, if one parent has insurance through their workplace and the other does not, the insured parent will be responsible for adding the child to their insurance policy. If neither of the parents has insurance, the court can require parents to enroll in a state healthcare plan such as All Kids or the Affordable Care Act.

If both parents have insurance, they can negotiate which parent will pay the additional monthly insurance cost to cover the child. If parents cannot agree on insurance coverage, a court may order an arrangement wherein both spouses contribute to the monthly cost or require one spouse to pay the entire amount.

Who Pays for Out-of-Pocket Medical Expenses?

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) stipulates that a portion of monthly child support payments is to be used towards a child’s out-of-pocket medical costs, such as copays and deductibles. If a child requires regular out-of-pocket medical expenses, a parent can request that these be added to the monthly child support obligation. Alternatively, a court may require one parent to pay for these expenses, or split them equitably according to each parent’s ability to pay.

How Long are Parents Required to Provide Healthcare?

Generally, the legal responsibilities of a parent for a child end once the child turns 18 unless the child is still in high school or there is a court order requiring payment of child support after the age of 18. This is common for disabled children, especially those who require expensive care inside or outside the home. The Affordable Care Act requires insurers to make coverage available to children of covered parents until the adult child turns 26 years old. Parents may choose to provide coverage to their children even though they are not legally obligated to do so.

Speak with a Hinsdale, IL Divorce Attorney

Ensuring your child’s needs are met is an obligation that Illinois courts take very seriously. Having an experienced DuPage County divorce attorney on your side throughout your divorce can help ensure your ex pays their fair share of your child’s healthcare costs. The skilled lawyers with Martoccio & Martoccio are committed to advocating on your behalf and helping you understand your rights under Illinois law. Call us today for a confidential consultation at 630-920-8855.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000

https://www.ourfamilywizard.com/blog/childrens-healthcare-after-divorce

https://www.illinoislegalaid.org/legal-information/am-i-responsible-my-child-after-they-turn-18