In any divorce, the court will ask both parents who will paying for the dental insurance coverage on the minor children. In this way, the courts ensure that the children will be covered and that the court have clear record of that insurance coverage.
If a child of the divorcing parties is presently enrolled in healthcare coverage, the court must order that the parent who currently has the child enrolled continues that coverage, unless the parties agree otherwise. The parent who is providing coverage may request a change in coverage and he or she then has the obligation to show the court that there is more appropriate coverage available.
What is more appropriate coverage? In any divorce, be it a Dakota County divorce or otherwise, the court will look at the cost of insurance, the benefits that a child would receive from that insurance, and the ability of the party carrying the insurance to ensure that the premiums are paid.
If a child is not presently signed-up for healthcare coverage providing medical benefits, a parent or public authority may motion the court for coverage. Then, the court must determine whether one or both parents have the appropriate healthcare coverage which will provide the best medical benefits for the child.
In determining what are the “best” or “most appropriate” healthcare coverage, the court must consider the following factors:
- the comprehensiveness of healthcare coverage providing medical benefits;
- the accessibility of the coverage – meaning that the child can obtain healthcare coverage and services from a provider with reasonable effort of one of the parents and such coverage is available within 30 minutes or 30 miles of the child’s residence and that speciality coverage is available within 60 miles or 60 minutes;
- whether the healthcare coverage is currently being paid by a person’s employer and whether that covering parent is expected to be employed for a long-period of time;
- the affordability of the healthcare costs;
- the child’s special medical needs, if any.
Those are the main statutory factors under Minnesota Statute 518A.41, subd. 3.
Determining appropriate healthcare insurance in a Dakota County MN Divorce
If only one of the parents has appropriate healthcare coverage, the court must order that party to cover the child under his or her insurance.
If both parties have appropriate healthcare coverage, then the court will order the parent with whom the child resides to carry the coverage for the child – unless the parties agree otherwise and appropriate coverage is available.
If neither parent has appropriate healthcare coverage available, the court will order that the parents contribute toward the actual healthcare costs of the child based on a pro rate share or, if the child is receiving any form of public coverage, the parent with whom the child does not reside shall contribute a monthly amount toward the actual cost of the public coverage.
If a child is not enrolled in healthcare coverage providing dental benefits, if a parent or public authority motions the court, the court must determine if one or more parents have appropriate dental coverage for the child or children.
Unless the parents agree otherwise, the court must order that the costs of the total healthcare coverage and all unreimbursed expenses under the appropriate healthcare plan be divided between the parents based on their combined monthly child support income (PICS).
Those are the basics behind the requirements of medical and/or dental insurance for divorcing parties in Minnesota. For further questions, you should speak with a Dakota County divorce attorney or other appropriate person. If a party fails to cover healthcare insurance in a divorce, the court can determine that the parties failure was willful and hold that party in contempt of court. The court is always looking at the best interest of a child and wants to ensure that those interest are met at all times.
