Can I still file for child support even if my son is currently on his father’s insurance? 10 Answers as of October 22, 2013

I am looking to seek child support from my son's father. However my son is currently on his father’s health insurance. Will I still be able to file a child support order for the day to day care of my son? Thank you.

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Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Yes the health insurance is a separate matter.
Answer Applies to: Georgia
Replied: 10/22/2013
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
In Arizona there are child support guidelines, and a child support calculator is available online. The cost of health insurance premiums for the child would be a factor, but the gross incomes for both you and the father are important factors. You really should consult with an experienced family law attorney in your area to discuss this.
Answer Applies to: Arizona
Replied: 10/21/2013
Provda Law Firm
Provda Law Firm | Bruce Provda
Yes, you certainly could file for child support if you are the custodial parent meaning the child lives with you. Health insurance is not the same as child support.
Answer Applies to: New York
Replied: 10/21/2013
Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
Yes, you would still be able to get a child support order in that situation. The father will get a credit for the cost of the child's insurance that he pays.
Answer Applies to: Florida
Replied: 10/21/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Sure, you can always ask. He will probably only be responsible for half of it of course.
Answer Applies to: Idaho
Replied: 10/21/2013
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    Absolutely. Health insurance is only one small portion of the child's needs. The premium the father is paying is factored in to the total he will owe, but it does not cancel out his financial obligations. If your child is 4 years old or younger, you can file a private paternity action to address this. If your child is older but you are using benefits for the child, the State's child support enforcement office can still file to ensure you receive support. Contact an attorney to learn more about your rights and responsibilities in this situation.
    Answer Applies to: Nebraska
    Replied: 10/21/2013
    Glenn Milgraum PC
    Glenn Milgraum PC | Glenn P. Milgraum
    Yes. Child-support is for the day-to-day care provided for the child. This includes such mundane things as food, clothing, keeping a roof over his/her head, education, etc. Health insurance in most states is considered an add-on to the child-support awarded.
    Answer Applies to: New Jersey
    Replied: 10/21/2013
    Welsh Law, LLC
    Welsh Law, LLC | Michael Shane Welsh
    In Georgia it would not matter if your child's father paid for insurance. Child support would be ordered if the son lived with you and you were responsible for the child's day to day care.
    Answer Applies to: Georgia
    Replied: 10/21/2013
    Diane l. Berger | Diane L. Berger
    Child support and health insurance coverage are two totally separate things. You can and should file for child support and also ask that your child be continued on his father's health insurance coverage.
    Answer Applies to: Nebraska
    Replied: 10/21/2013
    Kevin H Pate
    Kevin H Pate | Kevin H Pate
    Yes, if you have custody. How much support depends on the guidelines in your state, and what is paid in insurance is likely a part of the calculations.
    Answer Applies to: Oklahoma
    Replied: 10/21/2013
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