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How does health insurance factor into child support in New York?

Vestal, NY |

The noncustodial parent was ordered to provide health insurance for the child.

Does the total cost get deducted from child support? The noncustodial parent had no existing health insurance. The employer stated that the employee must be covered in order to cover the child. I view this as a dependent cost in order to cover the child, so it should count towards the total.

I've heard conflicting views. How does it really work? Thank you.

A couple points for clarification: 1) This was meant in terms of petitioning the court for a modification to exchange regular payments for medical payments (or a portion thereof). 2) Total cost = Cost of Parent Covering Self + Child from a position of having no health insurance at the time of the support order requiring health insurance be paid for. Is this "Total cost" the amount to be deducted from child support the correct and legal way to view how it works? (or is there room for interpretation?) ... or is the dependent cost of covering self ignored?

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Attorney answers 1


Comply with the order. If the order requires you to pay child support and provide insurance, you have to pay the full amount for child support. If you deduct the insurance, the other parent may file a motion for contempt. At that point, it will be up to the judge to determine if your interpretation is correct.