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Child Support Medical support and health care coverage
In Minnesota, every child support order must include health care coverage requirements for the children. The obligation will include medical support and will be part of a child support case. The order will specify:
If appropriate health care coverage is not available, the order must say whether either parent is required to pay for medical support.
Health care coverage means health care benefits that are provided by a health plan.
Health plans include:
Private coverage is included in the meaning of a health plan. The court may decide this as an option and order private coverage for the children. Private coverage must still meet the court standard. If private coverage is currently in place for the joint children, the court must order coverage to continue.
Court orders for medical support
When establishing or modifying medical support, the court considers the following four factors to determine if health care coverage is appropriate:
The court considers any special medical needs of the children.
If either parent currently provides health care coverage, the court must order that health care coverage to continue.
Current health care coverage may include:
The court may order other coverage if one of the following is true:
If the children are not currently enrolled in a health plan or have health care coverage, the court must determine if either parent has appropriate health care coverage.
When health care coverage is available for children but not in place, the court may determine if coverage is appropriate.
If only one parent has appropriate health care coverage, the court must order that parent to carry the health care coverage.
If both parents have appropriate health care coverage available, the court must order the custodial parent to carry the health care coverage for the children.
The court may make a different decision if:
If the court determines that the custodial and noncustodial parent's health care coverage is similar, the court must believe that the least costly health care coverage is most appropriate and order the least costly health care coverage for the children.
If the parents do not have health care coverage available and the children do not receive Medical Assistance or MinnesotaCare, the court may order both parents to share the actual cost of medical expenses. The portion of expenses each parent pays is based on the Parental Income for Determining Child Support (PICS). These costs can be collected as uninsured medical expenses.
The order may specify that the custodial parent apply for public coverage for the children.
If the custodial parent is ordered to apply for public coverage, the court should order medical support as follows:
Minnesota Statutes can be found on the Minnesota Office of the Revisor website.
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