In a Georgia child support calculation, a child’s health insurance premium goes in automatically, while dental and vision premiums are a deviation the court may grant or refuse.
What the Statute Says
Under OCGA 19-6-15(i)(2)(B), “If the court or the jury finds that either parent has vision or dental insurance available at a reasonable cost for the child, the court or the jury may deviate from the presumptive amount of child support for the cost of such insurance.” Health insurance premiums are different: under OCGA 19-6-15(h)(2) the child’s premium is prorated and added on Schedule D as part of the presumptive amount, as our post on health insurance explains. In Eldridge v. Eldridge, 291 Ga. 762 (2012), a $32 monthly credit for a father’s health insurance premium “was not a ‘deviation,’” so the findings rules did not apply.
Vision and Dental Are Discretionary
Because the statute says “may,” a court can decline. In Noble v. Noble, 345 Ga. App. 799 (2018), the trial court made the adjustment for the mother’s $69 health premium but denied deviations for her vision and dental premiums, and her appeal on that point failed. Conversely, in Spirnak v. Meadows, 355 Ga. App. 857 (2020), the trial court granted a $15.16 deviation for dental and vision insurance, and it went unchallenged. A granted deviation needs the written findings covered in our post on required court findings for deviations. And the figure must be right: in Parker v. Parker, 293 Ga. 300 (2013), worksheets that entered the mother’s whole dental premium on each child’s sheet instead of half were faulted.
Uninsured Dental and Vision Bills Are Something Else
Orthodontia, dental treatment, and vision care that insurance does not cover are “future uninsured healthcare expenses” under OCGA 19-6-15(a)(11.1). They are not used to calculate support; the order simply divides them, pro rata unless the court orders otherwise. Agreement clauses about them are in our post on who pays medical bills after a divorce.
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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!