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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37965
Experience:  Retired (mostly)
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I have a 9 year old son and have recently started going

Customer Question

I have a 9 year old son and have recently started going through the court system with child support. me and my sons mother came to an agreement on child support and it is
now currently getting taken out of my check through employer. My employer has recently approached me saying that CSSD has reached out to them asking for health insurance for my son. Currently my son has Medical through his mother. Do I also have to get him insurance even though he has Medical with mother? Insurance is really expensive through my employer and they are telling me they have to sign me up because technically I can
"afford" it through them. Is this correct? Is this legal? I've found cheaper private insurance
somewhere else and would like to get it there if I have to. How do I respond to my employer? They are saying that they must enroll me this Monday 11-9-2015.
thank you for your time
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.

Hello,

The employer can be forced to provide health insurance coverage if it is available to the employee at reasonable or no cost. If you believe that the cost is unreasonable, then your recourse is to ask the court to modify child support to reflect the high cost of the health care costs -- or alternatively, to permit you to obtain health care from a different source.

There is no other option. Many parents decide that it's too much of a hassle to go to court to modify their support, and as a result, they can't pay their bills. Later if they fall behind in their support obligation, they finally return to court and ask the court to modify support retroactive to the date when the health insurance was originally imposed.

The court, however, is prohibited under federal law from retroactively modifying child support -- so, I urge you to not allow your desire to get the case over and done with to cause you to refrain from getting your support orders modified.

It may be only a few bucks each month, but it adds up over the years.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

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