3750 – 3773: Health Insurance
When a court orders child support in California, that support may include more than just monthly payments. One important but sometimes overlooked part of a child support order is the requirement for health insurance coverage. California law requires that parents take responsibility for providing medical care for their children, and Family Code Sections 3750 to 3773 explain exactly how that is supposed to happen.
This chapter of the law ensures that children continue to receive necessary health coverage, whether through an employer, a private plan, or a court order assigning coverage. If you are going through a family law case involving child support, it is important to understand how these health insurance requirements may affect you.
3750 – 3753: Providing Health Insurance for a Supported Child
Under California law, health insurance coverage includes vision and dental care, whether part of a larger health plan or offered separately. It can come from traditional insurance, a health maintenance organization, or any other system that delivers care to a child (section 3750).
Every child support order must address whether either parent can obtain health insurance for the child. If insurance is available at no cost or at a reasonable cost, the court will require one or both parents to provide it. A cost is presumed reasonable if it does not exceed five percent of the responsible parent’s gross income (section 3751). If the court decides the cost is unreasonable or that the parent qualifies for a low income adjustment, the court must explain its decision on the record.
Even when health insurance is not currently available, the court order must say that coverage must be obtained if it later becomes available. Parents must also maintain coverage for children who meet the criteria to continue on a plan past the usual age limit, including disabled adult children (sections 3751 and 3752.5).
Section 3751.5 requires employers and insurers to comply with court orders requiring a parent to add a child to their plan. They cannot deny coverage because the child was born outside of marriage, is not listed as a tax dependent, or lives elsewhere. The employer or insurer must enroll the child upon request, even outside of normal enrollment periods, and cannot remove the child from coverage without proper notice and legal justification.
If a parent obtains coverage, they must inform the local child support agency and provide insurance details. The law also protects the right of the other parent or caregiver to get information about the child’s health plan and submit claims when needed, even without the participation of the insured parent (section 3752).
Section 3753 makes it clear that the cost of insurance is not part of regular support. It is an additional obligation, and the court will consider its cost when determining the total amount owed.
3760 – 3773: Enforcing Health Insurance Coverage Through Assignment
If a parent fails to enroll a child in available coverage as required, the court can issue a health insurance coverage assignment. This means the employer or insurance provider must automatically enroll the child and deduct the premium directly from the parent’s paycheck (section 3761).
Before seeking this assignment, the requesting party, whether a parent or the local child support agency, must notify the obligated parent of their intent to seek the order. Once the assignment is issued, it is served on the employer and becomes binding after twenty days (sections 3763 and 3764). The employer must give the parent a copy of the order and a statement of their rights, including the right to contest the assignment under certain conditions.
Section 3765 lists the reasons a parent can ask the court to cancel the order. These include situations where there is no valid court order for insurance, the cost is too high, the parent is not the legal obligor, or the child is already covered.
Employers must start coverage within thirty days of receiving the assignment, and they must select a plan that provides reasonable coverage in the area where the child lives. If no plan is available, they must return the assignment and notify the party who issued it (section 3766).
Employers also have duties after enrollment. They must notify the requesting party when coverage starts, provide the necessary documents for the child to access care, and give forms to allow for the submission of claims (section 3767). If an employer fails to follow the order, they can be held responsible for uncovered medical costs and may be punished for contempt of court (section 3768). They are also prohibited from firing or punishing an employee because of a coverage assignment (section 3769).
A parent can ask the court to terminate the assignment if circumstances change. For example, coverage may no longer be available, or a new order may override the previous one. The court may also terminate coverage upon the child’s emancipation or death (section 3770).
Employers must cooperate with the local child support agency when asked to provide information about the obligated parent’s insurance policy, coverage details, and any lapses (section 3771). The Judicial Council is responsible for developing the forms needed to process and enforce coverage assignments, and the forms must include all required details to identify the parties and the children involved (section 3772).
In Title IV-D cases—cases where the local child support agency is enforcing support—the agency may use a national medical support notice instead of a local court order. This standardized notice has the same legal effect and triggers the same responsibilities for employers and insurers (section 3773).
Conclusion
Health insurance coverage is a crucial part of supporting a child’s well being, and California law ensures that children receive medical, dental, and vision care when it is available through a parent. Family Code Sections 3750 – 3773 outline clear responsibilities for parents, employers, and insurance providers, making it easier to secure and enforce coverage.
Whether you are a parent who needs to provide insurance, a caregiver who wants to understand your rights, or someone who is unsure how insurance fits into your child support order, these laws help protect access to care and prevent unnecessary delays or denials. If you are unsure how these rules apply to your case, consider speaking with a family law attorney or your local child support agency to better understand your obligations and options.