(1) If a child support order requires a
parent to provide health care coverage for the children named in the order, the
division of child support (DCS) attempts to enforce that requirement according
to the terms of the order.
(2) A
parent required to provide medical support or health care coverage for a child
is called the obligated parent, and can be either the custodial parent (CP) or
the noncustodial parent (NCP).
(3)
WAC
388-14A-4111
and
388-14A-4112
describe when DCS may accept or decline a request to enforce a medical
support
obligation.
(4) When DCS is
enforcing a support order which contains a specific dollar limit for the cost
of health care coverage premiums or provides for coverage which is available at
no cost to the obligated parent, DCS does not require the obligated parent to
provide health care coverage if coverage is not available within the
limitations of the order.
(5) When
DCS is enforcing a
support order entered in Washington on or after October 1,
2009, providing that either or both parents must provide coverage and/or a
proportionate share of uninsured
medical expenses as part of the medical
support obligation under
RCW
26.09.105, the rules in this subsection apply
unless the
support order specifies differently:
(a) The
obligated parent must provide
health
care coverage for the dependent
children covered by the order if coverage is:
(i) Available or becomes available through
accessible health care coverage which is not provided through the obligated
parent's employer or union; or
(ii)
Available or becomes available through the obligated parent's employment or
union at a cost that is not more than twenty-five percent of the obligated
parent's basic support obligation.
(b) If the
obligated parent does not provide
proof of coverage or if coverage is not available, DCS may serve a notice of
support owed under WAC
388-14A-3312
to determine the monthly amount that the
obligated parent must pay as his or
her proportionate share of any premium paid by the other parent or by the state
on behalf of the
children.
(6) When DCS is enforcing a
support order
entered in Washington between May 13, 1989 and September 30, 2009, unless the
support order specifies differently, the
obligated parent must provide
health
insurance for the dependent
children if coverage is:
(a) Available or becomes available through
the obligated parent's employment or union; and
(b) Available at a cost of not greater than
twenty-five per cent of the obligated parent's basic support
obligation.
(7) When DCS
is enforcing a Washington
support order entered prior to May 13, 1989, unless
the
support order specifies differently, the
obligated parent must provide
health insurance for the dependent
children if coverage is available or becomes
available through the obligated parent's employment or union:
(a) For a maximum of twenty-five dollars per
month, if the order specifies that the obligated parent must provide coverage
only if it is available at a reasonable cost; or
(b) For any premium amount whatsoever, if the
order does not specify reasonable cost.
(8) DCS serves a notice of intent to enforce
a
health care coverage obligation if the support order:
(a) Requires the obligated parent either to
provide health care coverage or prove that coverage is not available;
and
(b) Does not inform the
obligated parent that failure to provide health care coverage or prove it is
not available may result in enforcement of the order without notice to the
obligated parent.
(9)
DCS serves the notice of intent to enforce a health care coverage obligation on
the obligated parent by certified mail, return receipt requested, or by
personal service.
(10) The notice
advises the obligated parent that he or she must submit proof of coverage,
proof that coverage is not available, or proof that the obligated parent has
applied for coverage, within twenty days of the date of service of the
notice.
(11) The notice advises the
obligated parent that, if health care coverage is not yet available, the
obligated parent must immediately notify DCS if health care coverage becomes
available through the obligated parent's employer or union.
(12) When DCS enforces an obligated parent's
health care coverage obligation, such enforcement may include asking the
employer and the plan administrator to enroll the obligated parent in a health
insurance plan available through the employer.