When a couple divorces in the state of Texas and children are involved, the court appoints one parent to act as the Primary Joint Managing Conservator, or custodial parent. The custodial parent decides where the children will live after the divorce. Typically, though not always, the children live with the custodial parent and visit the Possessory Conservator, or non-custodial parent, on a regular basis.
Generally, the non-custodial parent is responsible for paying child support to the custodial parent. In addition, the non-custodial parent is typically required to pay the entire cost of health insurance premiums for the child. If the non-custodial parent does not have access to reasonably priced health insurance and the custodial parent carries health insurance for the child, the non-custodial parent is required to reimburse that parent for the child’s portion of the health insurance premium as additional child support.
Texas courts typically require parents to split other reasonable healthcare costs not covered by the health insurance plan including copayments, deductibles, vision and dental care. However, this is up to the discretion of the court and depends on the financial circumstances of both parties.
Texas family courts have quite a bit of latitude when it comes to setting child support and determining who will pay healthcare costs in excess of the health insurance premium. They will look at the financial circumstances of both parents and do what is best for the children affected by the divorce. If you are considering divorce, contact me, David Todd, a San Marcos divorce attorney at 512-472-7799. I can guide you through the divorce process to help ensure the best possible outcome for your child custody, visitation and child support issues. You may also wish to download a free copy of my book The 5 Deadly Mistakes That Can Wreck Your Texas Divorce Case for more information.