QUESTION
Can I still file for child support even if my son is currently on his father’s insurance?
Asked on Oct 21st, 2013 on Child Custody - Oklahoma
More details to this question:
I am looking to seek child support from my son's father. However my son is currently on his father’s health insurance. Will I still be able to file a child support order for the day to day care of my son? Thank you.
6 ANSWERS
Bruce Provda
Yes, you certainly could file for child support if you are the custodial parent meaning the child lives with you. Health insurance is not the same as child support.
Answered on Oct 21st, 2013 at 12:51 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In Arizona there are child support guidelines, and a child support calculator is available online. The cost of health insurance premiums for the child would be a factor, but the gross incomes for both you and the father are important factors. You really should consult with an experienced family law attorney in your area to discuss this.
Answered on Oct 21st, 2013 at 12:51 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sure, you can always ask. He will probably only be responsible for half of it of course.
Answered on Oct 21st, 2013 at 10:54 AM
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Absolutely. Health insurance is only one small portion of the child's needs. The premium the father is paying is factored in to the total he will owe, but it does not cancel out his financial obligations. If your child is 4 years old or younger, you can file a private paternity action to address this. If your child is older but you are using benefits for the child, the State's child support enforcement office can still file to ensure you receive support. Contact an attorney to learn more about your rights and responsibilities in this situation.
Answered on Oct 21st, 2013 at 10:15 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Child support and health insurance coverage are two totally separate things. You can and should file for child support and also ask that your child be continued on his father's health insurance coverage.
Answered on Oct 21st, 2013 at 9:10 AM
Yes, if you have custody. How much support depends on the guidelines in your state, and what is paid in insurance is likely a part of the calculations.
Answered on Oct 21st, 2013 at 9:01 AM