Health Insurance for Child Support

Division 9, Part 1, Chapter 7, Article 1 deals with health insurance coverage for a supported child in this state. Section 3750 defines the term “health insurance coverage.”

Section 3751 requires support orders issued or modified pursuant to this chapter to include a provision requiring the child support obligor to keep the agency designated under federal law informed of whether the obligor has health insurance coverage at a reasonable cost and, if so, the health insurance policy information.

In addition, when an amount is set for current support, the court must require that health insurance coverage for a supported child to be maintained by either or both parents if that insurance is available at no cost or at a reasonable cost to the parent. 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 must contain a provision that specifies that health insurance coverage is to be obtained if it becomes available at no cost or at a reasonable cost.

Section 3751.5 prohibits an an employer or insurer from denying enrollment of a child under the health insurance coverage of a child’s parent on any of three specified grounds. In any case in which a parent is required by a court or administrative order to provide health insurance coverage for a child and the parent is eligible for family health coverage through an employer or an insurer, the employer or insurer is required to three specified items.

In any case in which health insurance coverage is provided for a child pursuant to a court or administrative order, the insurer is required to do three specified items. The terms “insurer,” “person having custody of the child,” and “employer” are defined. There are exemptions for when these requirements do not apply unless the court, employer, or person having custody of the child provides the insurer with three items of specified information.

Section 3752 states that, if the local child support agency has been designated as the assigned payee for child support, the court is required to order the parent to notify the local child support agency upon applying for and obtaining health insurance coverage for the child within a reasonable period of time. The local child support agency has to obtain a completed medical form from the parent and forward the completed form to the State Department of Health Services.

Section 3752.5 requires a child support order issued or modified pursuant to this division to include a provision requiring the child support obligor to keep the obligee informed of whether the obligor has health insurance made available through the obligor’s employer or has other group health insurance and, if so, the health insurance policy information.

The support obligee under a child support order is required to inform the support obligor of whether the obligee has health insurance made available through the employer or other group health insurance and, if so, the health insurance policy information. A child support order issued or modified pursuant to this division must include a provision requiring the child support obligor and obligee to provide the information described.

Section 3753 requires the cost of health insurance to be in addition to the child support amount ordered, with allowance for the costs of health insurance actually obtained.