In Georgia, a child’s health insurance premium is added to the basic child support obligation and divided between the parents by income, and the court decides which parent carries the coverage.
What the Statute Says
Under OCGA 19-6-15(h)(2)(A)(i), “[t]he 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 prorated between the parents based upon their respective incomes.” Premiums an employer pays without deducting them from wages are left out, and on a family policy “only the health insurance premium actually attributable to that child shall be added.” It goes on Schedule D as part of the presumptive amount, so it is not a deviation and needs no Schedule E findings.
The Court Must Address Coverage
OCGA 19-6-15(c)(2)(D) requires the final order to “[d]etermine whether health insurance for the child involved is reasonably available at a reasonable cost to either parent,” and if so, to order the child covered. Coverage through a stepparent counts. In Calvert v. Calvert, 904 S.E.2d 1 (2024), the father’s new wife covered the children through her employer for $300 a month, about $100 less than the mother’s policy, and the Court of Appeals upheld the order that the father maintain coverage and his $300 worksheet credit. Medicaid or PeachCare for Kids satisfies the requirement. OCGA 19-6-15(h)(2)(B)(iii).
Leaving the Premium Out Is Reversible
In Dupree v. Dupree, 287 Ga. 319 (2010), the trial court ordered the father to maintain the child’s insurance, which he testified would cost $238 a month, but left that cost out of the calculation, and the Georgia Supreme Court reversed. Uninsured medical expenses are not used to calculate support; under OCGA 19-6-15(h)(3) they are allocated in the order, pro rata unless the court says otherwise. Vision and dental coverage is a separate deviation under OCGA 19-6-15(i)(2)(B).
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!