Texas Laws for Custodial Parent Rights to Health Insurance

Texas courts award joint custody to most divorcing parents. In Texas, courts refer to parents with joint custody as "joint managing conservators." The "primary joint managing conservator" is the custodial parent, or the parent who has the legal authority to decide his child's legal residency. In limited cases, courts may award sole custody to one parent as the "sole managing conservator." Texas law gives the primary joint managing conservator or sole managing conservator the legal right to receive child support from the other parent.

Child Support Calculation

• Texas law requires courts to use the presumptive state guidelines when establishing a support order. The Texas Legislature requires courts to consider only the noncustodial parent's net income to establish her support obligations. After Social Security taxes, Medicare contributions and employment taxes, her final net income will establish the amount of support she owes based on the number of children she is required to support. If she has one child, the court will require her to pay 20 percent of her net income as her support obligation.

Health Insurance

• The Texas Legislature decided that noncustodial parents are solely responsible for maintaining health insurance for their minor children. If the custodial parent maintains the policy, then he is entitled to reimbursement from his former spouse for all of his costs to maintain the child's insurance coverage. However, if he maintains the policy, and he is the noncustodial parent, then under Texas law, his wife does not need to reimburse him. Texas law required noncustodial parents to maintain insurance to pay for their children's health care insurance costs.

Dividing Other Health Costs

• Texas courts typically order parents to split the costs of health care for copayments and deductibles. However, judges do not have to split the costs evenly between parents, and one parent can be required to pay a larger share depending on parenting time considerations, economic ability and tax consequences. For instance, a court may order one parent to pay most of the out-of-pocket expenses because she has an employer-sponsored health care contribution savings plan. Additionally, courts split prescription drug costs between parents. Texas law allows the state to pursue claims against both parents for providing medical services under the federal-state Medicaid program.

Child Support Termination and Modification

• Texas law allows courts to order child support until children graduate from high school or turn 18, whichever occurs later. However, Texas courts have the jurisdiction to order child support beyond age 18 when a child is physically or mentally incapable of self-support after age 18. Texas law allows parents to modify their support once every three years and only if their support awards would change by at least $100 or 20 percent. To modify a child support award, a parent must show a "material change in circumstances." Texas courts regard a sudden rise in health care costs due to unforeseen medical illnesses as a material change justifying review of the award.

Considerations

• Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.