Medical support will be addressed in actions to establish,
enforce, or modify a support order for the minor child(ren). All support orders
obtained or modified by the IV-D agency will include a provision requiring
either or both custodial party and the non-custodial parent to promptly inform
the IV-D agency of the name and address of their current employer(s), whether
either the custodial party or the non-custodial parent has access to health
care coverage and, if so, the health care coverage policy information.
A. The non-custodial parent may be required
to provide immediate health, dental, or vision care coverage for the minor
child(ren) if health care coverage is not available to the custodial party at a
more reasonable cost than to the non-custodial parent for coverage of the minor
child(ren); and it is available to the non-custodial parent through an
employment-related or other group health insurance plan, regardless of service
delivery mechanism, which may be a labor organization, union, non-profit
organization or professional association.
B. If medical care coverage is not available
to the non-custodial parent through an employment-related or other group health
care coverage plan, and health care coverage is not being provided by the
custodial party, the non-custodial parent may be required to provide immediate
health insurance coverage for the minor child(ren) when it becomes available
through an employment-related or other group health insurance plan.
C. Either the custodial party or the
non-custodial parent may be deemed to be a medical support obligor based on the
availability of health care coverage through a public entity when either party
meets eligibility requirements.
D.
Failure by a non-custodial parent to provide medical support for the minor
child(ren), and to provide information concerning health care coverage, will
subject the non-custodial parent to legal proceedings requiring the
non-custodial parent to show cause as to why the non-custodial parent should
not be held in contempt of court for failure to fulfill the requirements of the
court order. This will be true even if medical support is the only area in
which the non-custodial parent is not in compliance with the terms of the
order.
