Can a Divorced Dad Be Forced to Pay for Insurance for Adult Children?

Can a Non-Custodial Parent Be Ordered to Pay Insurance Premiums for an Adult Child?

Divorced fatherUnder Obamacare, a young adult can stay on his or her parents health insurance plan until the age of 26. Many young Americans have taken advantage of this provision in the law, but many of them come from divorced families. Most divorce decrees only place requirement on non-custodial parents until the child is emancipated which usually happens between 18-23. So who is responsible for paying the health insurance premiums for an adult child?

Non-Custodial Parents Not Required to Pay for Health Insurance for Adult Children

The Affordable Health Care Act only makes insurance available to young adults up to 26 years of age. It does not mandate that parents purchase or provide that coverage. Since parents are not obligated under law to obtain coverage, a non-custodial parent will most likely not be required to pay any portion of those insurance premiums.

Legal experts agree that courts will probably not get involved in a determination of whether a non-custodial parent should pay some portion of a health insurance premium for an adult child. There is, however, nothing to prevent the parties to a divorce from agreeing on jointly pay health insurance premiums – or from directing the non-custodial parent to pay for it through age 26.

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To schedule a free, 30 minute telephone consultation to discuss your concerns, send us an e-mail or call the Law Offices of Kelly Berton Rocco at 201-343-0078. All calls and e-mails are returned by the next business day.

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