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A pediatrician talks to a child in Tucson, AZ

Child Support & Healthcare Laws in AZ: Who Pays for What?

Figuring out who covers healthcare costs under Arizona’s child support laws can be confusing, and recent updates have added a few new twists. From deciding which parent is responsible for insurance to determining how out-of-pocket costs get split, Arizona courts have specific guidelines every divorced parent with kids should know.

Healthcare Coverage in Child Support Cases

In Arizona, child support includes a category called “medical support,” which ensures children have access to healthcare coverage. Under new state guidelines, courts are required to determine which parent will provide healthcare for the child based on what’s available and affordable.

Typically, the court looks at which parent has access to employer-provided health insurance at a reasonable cost. If only one parent has this option, they’ll likely be the one required to cover the child. If both parents can provide affordable insurance, the court might weigh factors like who has better benefits, who earns more, or who spends the most time with the child.

Who’s Responsible for Out-of-Pocket Healthcare Costs?

Beyond insurance premiums, there’s the question of out-of-pocket costs, including co-pays, prescriptions, and emergency room bills. In Arizona, these expenses are generally divided between the parents based on each parent’s income percentage, as calculated in the child support agreement.

For instance, say you take your child to the doctor and end up with a bill for $200. If you earn 60% of the combined income, you’ll be responsible for 60% of the bill, or $120, while the other parent would be responsible for the remaining $80. Keep receipts and clear records in case there’s a dispute.

What if Healthcare Costs Change?

Medical expenses can fluctuate as children grow and their healthcare needs evolve. Fortunately, Arizona law allows for modifications to child support orders if there’s a significant change, either with the parent’s income or the child’s medical needs. This could include getting a new job with better benefits, being laid off, or the child developing a chronic illness that requires ongoing care. If you believe your healthcare costs or access to affordable coverage have shifted enough to justify a change, request a modification through the court.

The Role of Arizona Courts in Enforcing Medical Support

Arizona courts take medical support requirements seriously.  The Arizona Courts and the Department of Child Support Services (DCS) enforces your child support order, including the healthcare provisions. If the responsible parent isn’t keeping up with their obligations, work with DCSS to ensure your child gets the coverage they need.

Courts can also require a parent to get insurance if affordable options become available. Wage garnishments or other measures may be enforced to make sure the child’s healthcare needs are met.

Get Help Navigating Arizona’s New Child Support Rules

Working with your ex-spouse to meet your child’s healthcare needs can be tricky, but you don’t have to go it alone. The Law Office of Hector A. Montoya, P.L.L.C., would be happy to put our 30+ years of family law experience to work for you. We help families in Tucson and across Pima County, offering clear guidance and one-on-one support. Contact us today for a free consultation, and we’ll make sure your family’s needs are met.