Can the State of Oregon make you pay child support, cash medical support and make you provide health insurance for the child?
4 attorney answers
Two things: 1) you should have known prior to the hearing how much it would cost to add your child to your insurance and then presented this evidence to the judge. This amount would then have been factored into the child support calculation. 2) Cash medical support is ordered in cases where there is not some court order that addresses how the after-insurance/uninsured health care costs are to be divided between the parents. If there was such a court order (e.g. a prior divorce judgment may contain such language) then you should have presented this evidence to the judge.
It sounds like child support may have been established through an administrative hearing and perhaps there are no other court orders between you and the other parent. You may want to consider initiating a proceeding to establish a parenting plan (the amount of time you have affects the child support calculation), and to provide for a 50/50 division of uninsured health care costs, and to also modify child support/cash medical, based on these new factors. Through this process you should be able to modify child support and eliminate cash medical, but there are some pitfalls and you should schedule a consultation with an experienced family law attorney to gain a better understanding of how all this works.
Usually this type of issue can be resolved directly through your child support caseworker. If you contact your caseworker, he or she can likely sort it out for you.
In general, cash medical support is ordered only if the child receives health insurance from the State or through the support obligee. However, the Court can order a different arrangement if this is in the best interests of the child. You really should consult with an attorney in private for guidance with this. No few sets of words over the internet will solve this problem for you. Consider: Even if we said, no, that's totally against the law, this wouldn't solve your problem. Legal rights are meaningless without the ability to enforce them.
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I am going to guess you did not have a lawyer on your side in this matter. If you did then you should direct your questions to your lawyer. I do not practice in Oregon and each state can differ on its child support laws. I am going to change the practice area to family law for you so some of the Oregon family law attorneys can see your question and provide an answer.