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How to Find Proper Healthcare Coverage
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The Healthcare Reform: What Does That Mean For Family Law In New York
As for child support, the cost of health coverage is an “necessary add-on expense”, which is added to the basic child support obligation of the non-custodial parent. This meant that in cases where the basic child support amount already consumed most of the custodial parent’s disposable income, that the cost of adding a child to his health insurance made the circumstances even worse especially if the child had major health issues. Now, since this portion of the healthcare reform goes into effect immediately, no insurance provider can deny a child with pre-existing condition and thus the custodial parent’s cost for maintaining coverage does not have to send him to the poorhouse. On the other hand though, the provision that states that providers can no longer “kick off” dependents once they reach 18 years old will certainly create a burden for the non-custodial parent. In New York, the child support obligation terminates at the age of 21, unless emancipation occurs before then, but the add-on expense of maintaining health insurance coverage ended at 18. So now, the custodial parent may petition the court to continue coverage until at least 21, since the legislative and judicial branches deal with how the new bill affects that provision of the Family Court Act.
Child custody and juvenile delinquency cases are also affected by the new law. Since serious health concerns of the child and the ability to provide for them may be a factor in custody determinations and many juvenile delinquents need therapeutic/psychological treatment, ensuring that coverage will be intact will affect how the courts address these issues. Despite the fact that Medicaid, and other government sponsored programs, covers millions of children in New York there are still many who were not eligible for any of these.
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