Are You Required to Cover Your Emancipated Child Under Your Health Insurance?

With the passage of the Affordable Care Act (Obamacare), many people were left with questions of how the law applies to them. One of its provisions allows for children to stay on their parent’s health insurance until the age of 26. In a recent case, Andreko v. Wilhelm, the former husband was ordered to cover his emancipated child under his health insurance plan. The New Jersey Appellate Division reversed.

In Andreko, the parties had three sons and the two oldest had been emancipated in 2006 and 2007, respectively. In addition to being required to carry his emancipated children on his health insurance, he was also ordered to pay 77% of the children’s unreimbursed medical expenses.  The Appellate Division, in an obviously well-reasoned opinion, held that while Obamacare allows parents to cover their children under their health insurance if the children are under 26 years of age, it does not require them to do so. Thus, Obamacare ensures that you cannot be prevented from adding your children to your health insurance if they are under the age of 26, it does not appear that it creates a requirement to do so. If you have a question about your child support and related obligations, please call the experienced New Jersey family law attorneys at Sarno da Costa D’Aniello Maceri LLC at 973-274-5200.