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Can child support be used toward medical payments in Texas?

On Behalf of | Jun 18, 2021 | Child Support

Texas family courts have ruled that child support can be used toward medical payments. Suppose a child is not sufficiently covered by medical insurance, and the burden is too high for the custodial parent. Child support payments can be used to alleviate all or part of the cost burden.

Will there be a hearing to determine how much child support goes toward medical payments?

The court requires that each parent submit proof of medical insurance coverage for the child or evidence of the cost burden for not providing coverage. The court has ruled that the parent paying child support shall not bear more than a 9% cost of their annual salary for the child’s medical insurance coverage.

The court will place a temporary order until all parties have had the opportunity to submit the appropriate documentation. The hearing can determine proof of a parent-child relationship, the amount of the child support order in place, current medical payments requested for the child, and the amount and source of current medical insurance coverage for the child. Once all pertinent information has been assessed and reviewed by the court, a final order will proceed. If these or other steps do not require a temporary order, the court can move forward on a permanent order. Only the court can amend permanent orders.

Can child support payments increase to pay medical payments?

Medical coverage should not exceed 9% of your annual salary if you’re the one paying child support. However, payments can increase if ruled by the court. It is difficult to think of paying more if you’re straining to make your current payments.

The penalties for unpaid or delinquent payments are stiff, so if you’re having a hard time, it is best to seek legal counsel for guidance. Discuss your case with a licensed family law attorney for advice on how to present your case to the court.