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Changes for 2007
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Identifying Gross Income
Proving Gross Income
Adjusting Gross Income
Deviation Principles
Extraordinary Expenses
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Health Insurance
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Learn More>>Child Support>>Health Insurance
The amount that is, or will be, paid by a parent for health insurance for the child for whom support is being determined shall be an adjustment to the Basic Child Support Obligation and divided pro rata between the parents based upon each of their respective incomes. Payments made by an employer for health insurance and not deducted from the parent's wages shall not be included. When a child for whom support is being determined is covered by a family policy, only the health insurance premium actually attributable to that particular child shall be considered.
The amount of the cost for the child's health insurance premium shall be added as an adjustment to the Basic Child Support Obligation as "additional expenses" whether paid directly by the Parent or through a payroll deduction. The total amount of the cost for the health insurance premium shall be divided pro rata to determine the total Presumptive Amount of Child Support.
If health insurance that provides for the health care needs of the child can be obtained by a parent at reasonable cost, then an amount to cover the cost of the premium shall be added as an adjustment to the Basic Child Support Obligation. A Health Insurance premium paid by a nonparent custodian shall be included when determining the amount of health insurance expense. In determining the amount to be added to the order for the health insurance cost, only the amount of the health insurance cost attributable to the child who is the subject of the order shall be included.
If a child is being covered under a plan applicable to other persons and it is not possible to verify the amount attributable to the child in question, the total cost to the parent will be prorated by the number of people covered under the plan in relation to how many child(ren) are at issue. Eligibility for or enrollment of the child in Medicaid or PeachCare shall not satisfy the requirement that the Final Child Support Order provide for the Child's health care needs. Health coverage through PeachCare for Kids Program and Medicaid shall not prevent a Court from ordering either or both Parents to obtain other health insurance.
Often, there are uninsured health care expenses that must be considered when calculating child support obligations in Georgia. Uninsured health care expenses are the responsibility of each parent. The Final Child Support Order shall include provisions for payment of these expenses. These uninsured health care expenses are divided pro rata and are not a part of any child support payment award.
If a parent fails to pay his or her pro rata share of the child's uninsured health care expenses, as specified in the Final Child Support Order, within a reasonable time after receipt of evidence documenting the uninsured portion of the expense, the parent or the nonparent custodian may enforce payment of the expense by any means permitted by law or the Child Support Enforcement Agency shall pursue enforcement of payment of such unpaid expenses only if the unpaid expenses have been reduced to a judgment in a certain amount.
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