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HomeFamily CodeDiv. 9Pt. 1Ch. 7Art. 1§ 3751 Child Support Health Insurance

§ 3751 Child Support Health Insurance

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 3751 Child Support Health Insurance

This law says parents must provide health insurance for their kids if it's affordable. If insurance is too expensive, the court can decide not to require it.

Key Takeaways

  • •Parents must tell the court if they have health insurance for their kids.
  • •Insurance is considered affordable if it costs 5% or less of the parent's pay (the extra cost for family coverage compared to self-only).
  • •If insurance is too expensive, the court can say the parent doesn’t have to get it.
  • •If a parent gets a low-income adjustment, they usually don’t have to provide insurance unless the court says it’s unfair not to.

Example

A dad makes $4,000 a month and his work offers family health insurance for $300 extra per month.

The court checks if the extra $300 is more than 5% of his pay. Since 5% of $4,000 is $200, and $300 is more than that, the dad might not have to get the insurance if the court agrees it's too expensive.

How to Calculate

Cost of family coverage - Cost of self-only coverage ≤ 5% of gross income

  1. Find the cost of family health insurance.
  2. Subtract the cost of insurance for just the parent (self-only).
  3. Calculate 5% of the parent's total pay (gross income).
  4. If the difference in cost is less than or equal to 5% of their pay, the insurance is considered affordable.

A mom earns $3,500 a month. Self-only insurance costs $100, and family insurance costs $250.

Result: The extra cost for family insurance is $150 ($250 - $100). 5% of her pay is $175 (0.05 × $3,500). Since $150 is less than $175, the insurance is affordable, and she must provide it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 3751 Child Support Health Insurance

(a) (1) Support orders issued or modified pursuant to this chapter shall include a provision requiring the child support obligor to keep the agency designated under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.) informed of whether the obligor has health insurance coverage at a reasonable cost and, if so, the health insurance policy information. (2) When an amount is set for current support, the court shall require that health insurance coverage for a supported child shall be maintained by either or both parents if that insurance is available at no cost or at a reasonable cost to the parent. Health insurance coverage shall be rebuttably presumed to be reasonable in cost if the cost to the responsible parent providing medical support does not exceed 5 percent of the parent’s gross income. In applying the 5 percent for the cost of health insurance, the cost is the difference between self-only and family coverage. If the obligor is entitled to a low-income adjustment as provided in paragraph (7) of subdivision (b) of Section 4055, medical support shall be deemed not reasonable, unless the court determines that not requiring medical support would be unjust and inappropriate in the particular case. If the court determines that the cost of health insurance coverage is not reasonable, the court shall state its reasons on the record. If the court determines that, although the obligor is entitled to a low-income adjustment, not requiring medical support would be unjust and inappropriate, the court shall state its reasons on the record. (b) If the court determines that health insurance coverage is not available at no cost or at a reasonable cost, the court’s order for support shall contain a provision that specifies that health insurance coverage shall be obtained if it becomes available at no cost or at a reasonable cost. Upon health insurance coverage at no cost or at a reasonable cost becoming available to a parent, the parent shall apply for that coverage. (c) The court’s order for support shall require the parent who, at the time of the order or subsequently, provides health insurance coverage for a supported child to seek continuation of coverage for the child upon attainment of the limiting age for a dependent child under the health insurance coverage if the child meets the criteria specified under Section 1373 of the Health and Safety Code or Section 10277 or 10278 of the Insurance Code and that health insurance coverage is available at no cost or at a reasonable cost to the parent or parents, as applicable. (Amended by Stats. 2019, Ch. 115, Sec. 42. (AB 1817) Effective January 1, 2020.)

Last verified: January 9, 2026

Key Terms

insuranceadjustmentmedicalcoveragehealthportdifferencesocial security act

Related Statutes

  • § 3761 Child Health Insurance Enrollment
  • § 2040 Child Custody And Asset Restrictions
  • § 17400 Child Support Agency Duties
  • § 17512 Employer Child Support Information
  • § 20034 Attorney-Mediator Support Disputes

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 3751.
View Official Source