Yes. In Texas, a parent who provides health insurance for a child generally must share information about changes to that coverage. The exact duty depends on the language in the court’s medical and dental support order.
Texas courts can order one parent to provide health insurance for a child as part of child support. That parent may also have to provide the other parent with policy information, insurance cards, claim forms, and updates when the policy changes.
What Does a Texas Child Support Order Require About Health Insurance?
Medical insurance is often part of a Texas child support order. A court may order the parent paying child support to provide insurance, or it may order the other parent to provide coverage while the parent paying support provides cash medical support.
Texas law considers private health insurance available at a reasonable cost when the cost for the children does not exceed nine percent of the parent’s annual resources under the medical support order.
The court order controls which parent must provide coverage and what each parent must pay.
If the parent ordered to provide insurance loses that coverage, the order may require that parent to enroll the child in another plan when the next enrollment period becomes available.
What Insurance Changes Must a Parent Report?
A parent who provides health insurance must share certain information with the other parent. The Texas medical and dental support order states that the insurance-providing parent must furnish copies of renewals or changes to the health insurance policy covering the child within 15 days after receiving them.
This can include policy changes, new coverage information, and other information needed to use the child’s insurance.
The order also addresses situations where coverage terminates or lapses. A parent ordered to provide insurance must notify each conservator and any child support agency enforcing the order within 15 days after the coverage ends or lapses. The parent must also report when additional health insurance becomes available.
These rules help both parents know whether the child remains covered and how to handle medical bills.
What Insurance Information Must a Parent Provide?
The parent providing insurance may have to give the other parent information needed to use the policy. This can include the insurance carrier, policy number, policy documents, schedule of benefits, membership card, claim forms, and other information needed to submit a claim.
The other parent may need this information when taking the child to a doctor, filling a prescription, submitting a claim, or dealing with an unpaid medical bill.
TexasLawHelp’s standard medical and dental support order also requires the parent who provides insurance to furnish proof that coverage exists for each child.
What Happens When a Parent’s Insurance Ends?
Losing employer-provided insurance can create problems for both parents and the child. The Texas Office of the Attorney General says a parent ordered to carry medical insurance who can no longer do so may request a review of the child support order. The order may be changed if the other parent has insurance available at a reasonable cost.
A change in employment does not automatically mean the child should remain without coverage. Under the standard medical support order, you can send a copy of the order to a new employer when coverage ends because of an employer change.
What Happens When Both Parents Have Insurance?
Sometimes both parents have health insurance available for the child. The court order determines which coverage the parents must provide and how they should handle medical support.
Parents may also need to share insurance information so they can file claims correctly. If a parent pays a medical expense that insurance does not cover, the standard order requires that parent to give the other parent copies of bills, receipts, statements, and explanations of benefits.
The order generally requires each parent to pay a stated share of reasonable and necessary medical expenses that insurance does not cover.
Can a Parent Be Required to Provide Updated Insurance Information?
Yes. A Texas medical and dental support order can specifically require the insurance-providing parent to give updated policy information to the other parent.
For health insurance, the standard order requires copies of policy renewals and changes within 15 days after the insurance-providing parent receives them. It also requires notice when coverage ends, lapses, or additional coverage becomes available.
Your own court order may contain different language or additional requirements. That is why parents should read the medical support section of their final divorce decree or child support order.
What Can a Parent Do If the Other Parent Refuses to Share Insurance Information?
Start by reviewing the court order. The order may state exactly what information the insurance-providing parent must provide and when.
If a parent refuses to follow the order, you may need to seek court enforcement. A family law attorney can review the order and explain what options may apply to your situation.
It can also help to keep written records of requests for insurance information, missed deadlines, and medical bills that cannot be processed because the required insurance information wasn’t provided.
Can a Texas Child Support Order Be Changed After an Insurance Change?
Yes. A change in insurance may affect the medical support part of a child support order.
For example, if a parent loses access to affordable insurance, the Texas Office of the Attorney General says the parent can request a review of the child support order. If the other parent has insurance available at a reasonable cost, the order may be changed so that parent provides coverage and the other parent contributes toward the cost.
The goal is to keep the child covered while making sure the support order matches the parents’ current circumstances.
The Law Office of Wendy L. Hart
If you are dealing with an insurance change after divorce, separation, or a child support case, an attorney can review your order and explain what your obligations are. The Law Office of Wendy L. Hart helps Texas families address family law matters involving child support and related issues.
Call us today at (817) 756-9093Â or schedule your consultation online.
