Tuesday, March 22, 2011

CHILD SUPPORT AND MEDICALSUPPORT (CAN BE SEPARATE OBLIGATIONS)

MEDICAL SUPPORT AND CHILD SUPPORT

I am OK with payin' child supportm but they're taking "Medical Support"  out too!  And my Ex sas she doesn't even see a penny!
Another variation on this theme is: 

 My ex-says that didn't put me on child support, but we have this hearing anyway.  That girl is LYIN'!

Example  1)  But does your child receive medicaid?  If you have Affordable health insurance available to you through work, you can put your child on that policy.  If the

2)  Same issue.  Your ex- may not be lying.  It could be the State of Texas filed the lawsuit because your child.

If your child is receiving public benefits of any kind:  Medicaid, Foods Stamps, Tanff (Temporary Assistance to Needy Families), the Office of the Attorney General has a right to open a case regardless of whether the custodial parent asked for the hearing or not.

I sort of think of this as the "no free lunch" rule.  It is interesting with the public debate about the health insurance requirement in "Obamacare" there are legal cases questioning whether the state has the authority to make an individual get health insurance.  Although this is going to play out of a couple of years perhaps, my feeling is that the law will ultimately be be determined to be constitutional as a proper exercise of the commerce clause.  Legally, however, it is undisputed that if your child is benefitting from a pre-existing medical program such as medicaid, the non-custodial parent has to reimburse the state for the benefits being received for your chld.  The alternative is normally providing private health insurance.   But that's even more EXPENSIVE through my employer?!?  Unless your children are on CHIP (the Children's Health Insurance Program is limited to an initial application and co-pays), but otherwise:  No free lunch.

My office is very conveniently located for "IV-D" Court.  That's the technical name for the Attorney General's Child support court.  Call or contact www. pasmithlaw.com for a consultation.

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