- Because health care coverage for poor families often becomes a federal expense, the federal government has taken an active approach to provide the framework for providing healthcare to children in divorced/separated families. Here is a partial list of legislation:
1. Medicare-Medicaid Antifraud/Abuse Amendments of 1977
2. Family Support Act of 1988 (45 C.F.R. § 302.56(c)(2) )
3. Omnibus Budget Reconciliation Act of 1993
4. Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA)
5. Child Support Performance and Incentive Act of 1998
- In Georgia, O.C.G.A. § 19-6-15(h) defines health care premiums.
- Since health care premiums are variable, they are not included in the Basic Child Support Obligation schedule. Instead, they are adding to Schedule D (Additional Expenses – Health Insurance and Work-Related Child Care) the Child Support Worksheet as part of O.C.G.A. § 19-6-15(b).
- Health care premiums are a mandatory adjustment to BCSO to get Adjusted Child Support Obligation (ACSO). These after-tax costs are split dollar-for-dollar based on the pro rata shares of combined gross income.Health insurance plan premiums are pre-tax to the person responsible for directing pay it.
- In Georgia, there is no maximum.
- There is no statutory requirement that one parent provide it.
- Once ordered, the Court assumes that the expenses are ongoing and requires no documentation until the next time child support is modified. There is no requirement that parent keep the same plan as one factored.