On September 1st, Texas Child Support Laws Will Now Have Teeth

Or more accurately court ordered dental support. In suits affecting the parent-child relationship filed on or after September 1, 2018, the court shall order dental support for the child, in addition to child support and medical child support. Suits filed before that date will be governed by the prior law.

Similar to the Texas family code provisions regarding medical child support, the parties will be required to disclose whether the child is covered by dental insurance, and if so the details of that coverage, including cost; or it the child is not covered, if dental insurance is available at a reasonable cost. Reasonable cost is defined as a dental insurance premium that does not exceed 1.5% of the obligor’s annual resources, as that term is defined in the code.

In determining the manner in which the dental support will be provided, the court will look as to whether dental insurance is available through the employer of either parent or if not, is available through another source at a reasonable cost.

Again, as with medical support, the court as additional child support shall allocate between the parties, according to their circumstances, the payment of reasonable and necessary dental expenses not reimbursed by insurance, deductibles, and co-payments.

A parent who is ordered to pay dental support and fails to do so is liable for necessary dental expenses of the child, whether or not those expenses would have been paid if dental insurance had been provided.