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Health Insurance: November 2013 Archives

Affordable Care Act And Child Support Judgments

Massachusetts laws regarding the care, custody and maintenance of children of divorcing or never-married parents specifically address the issue of health insurance, presumptively placing the burden of providing health coverage for an unemancipated child or children on the person who is obligated to pay child support.  The statute applying to children of divorcing parents (Massachusetts General Laws Chapter 208 Section 28) and the statute applying to children of never-married parents (Massachusetts General Laws Chapter 209C Section 9) each state as follows: "When the court makes an order for maintenance or support of a child, said court shall determine whether the obligor under such order has health insurance or other health coverage on a group plan available to him through an employer or organization or has health insurance or other health coverage available to him at a reasonable cost that may be extended to cover the child for whom support is ordered. When said court has determined that the obligor has such insurance or coverage available to him, said court shall include in the support order a requirement that the obligor exercise the option of additional coverage in favor of the child or obtain coverage for the child."

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