Health Insurance in Child Support in North Dakota
In North Dakota, the issue of health insurance is intricately tied to child support. The state’s laws and regulations provide clear guidelines on how health insurance is handled in child support cases. This article will explore the legal provisions and procedures related to health insurance in child support cases in North Dakota.
Legal Provisions for Health Insurance in Child Support
Under North Dakota Century Code (NDCC) 14-09-08.10, each child support order must include a provision for the child’s health insurance coverage or other medical support. The responsibility for the child’s health insurance coverage or other medical support must be established according to rules adopted by the child support agency. The rules adopted under this section must include a reasonable cost standard which considers the income of the obligated parent and the cost of health insurance coverage.
Eligibility and Enrollment
According to NDCC 14-09-08.11, when an obligor is required to cover a child as a beneficiary under section 14-09-08.10, the child is eligible for health insurance coverage as a dependent of the obligor. The obligor’s employer is required to permit enrollment of the child in the health insurance plan.
Insurance Reimbursement
NDCC 14-09-08.12 stipulates that any insurance reimbursement for medical expenses incurred by a child covered under a child support order must be paid to the medical provider, custodial parent, or child support agency when the reimbursement is not owed to the obligor. Any insurance reimbursement received by the obligor, but not owed to the obligor, may be treated as delinquent child support thirty days after receipt by the obligor if not sooner paid to the medical provider, custodial parent, or child support agency.
Application for Service and Criteria Establishment
Under NDCC 14-09-08.13, the child support agency is required to take the appropriate steps to implement, modify, and enforce an order for dependent health insurance or other medical support whenever the children receive benefits through temporary assistance for needy families or foster care under chapter 50-09 or medical assistance under chapter 50-24.1, or whenever an application is made and accepted for services provided by the child support agency.
The child support agency is also required to establish criteria to identify cases involving children who received benefits through temporary assistance for needy families or foster care under chapter 50-09 or medical assistance under chapter 50-24.1, or when an application to the child support agency has been completed by an obligee and when there is a high potential for obtaining medical support based on evidence that health insurance may be available to the obligor at reasonable cost and facts that are sufficient to warrant modification of the existing court order to include health insurance coverage for a dependent child (NDCC 14-09-08.14).
Enforcement of Health Insurance Coverage
When an obligee is required to provide health insurance coverage for a child as a beneficiary under section 14-09-08.10, the order is being enforced under title IV-D, and the obligee’s employer has been identified, the child support agency may use the national medical support notice to enforce the provision of health insurance coverage for the child (NDCC 14-09-08.15).
Liability of Stepparent for Support
According to NDCC 14-09-09, a stepparent is not bound to maintain the spouse’s dependent children, unless the child is received into the stepparent’s family. If the stepparent receives them into the family, the stepparent is liable, to the extent of the stepparent’s ability, to support them during the marriage and so long thereafter as they remain in the stepparent’s family.
In conclusion, health insurance in child support in North Dakota is a critical aspect that is well-regulated by the state’s laws. The provisions ensure that the child’s health needs are adequately met, and the cost of health insurance is reasonably borne by the obligated parent.