(1) In all orders which direct the
obligor to provide health insurance for any child, the court or delegate child support
enforcement unit shall include a provision directing the obligor's employer to enroll
such child and the obligor, if enrollment of the obligor is a requirement of the plan,
in the health insurance plan and to deduct from the wages due the obligor an
amount sufficient to provide for premiums for health insurance when such
insurance is offered by the employer, including any employer subject to the
provisions of section 607 (1) of the federal Employee Retirement Income Security
Act of 1974, as amended. For all orders entered prior to August 1, 1992, which
direct the obligor to provide health insurance for any child, the obligee or the
obligee's representative shall send a copy of the notice of the deduction for health
insurance, by first-class mail, to the obligor concurrent with mailing of the notice to
the obligor's employer pursuant to subsection (2) of this section. The court or the
delegate child support enforcement unit shall direct the obligor to notify the court,
or unit if the delegate child support enforcement unit is a party to the court action,
in writing, of any change of address or employment within ten days after the
change.
(1.5) Effective July 1, 2002, the delegate child support enforcement unit shall
follow the procedure set forth in section 26-13-121.5, C.R.S., for the enforcement of
orders for health insurance.
(2) The obligee or the obligee's representative shall mail notice of the
deduction for health insurance to the obligor's employer. The notice of the
deduction for health insurance must contain:
(a) The name, address, and social security number of the obligor;
(b) The name, birthdate, and social security number of any of the children to
be covered by the health insurance;
(c) A statement that the employer shall enroll an obligor's child in the health
insurance plan in which the obligor is enrolled if the child can be covered under that
plan or, if the obligor is not enrolled, in the least costly plan otherwise available to
the child, regardless of the marital status of the child's parents when he or she was
born or whether the child is claimed as a dependent on the obligor's federal or state
income tax return, lives with the obligor, or lives within the insurer's service area,
notwithstanding any other provision of law restricting enrollment to persons who
reside in an insurer's service area;
(d) A statement that the deduction for health insurance is to take effect no
later than the first pay period after fourteen days from the date on which the notice
is mailed to the employer or from the date on which the obligor submits an oral or
written request to the employer, whichever occurs sooner, and that the deduction
for health insurance is treated as a significant life change under open enrollment
requirements;
(e) A statement that compliance with the notice to deduct for health
insurance shall not subject the employer to liability to the obligor for wrongful
withholding;
(f) A statement that noncompliance with the notice to deduct for health
insurance may subject the employer to the liability and sanctions specified in
subsection (5) of this section;
(g) A statement that the employer shall promptly notify the court, obligee, or
delegate child support enforcement unit in writing within fourteen days after the
obligor terminates employment and shall provide, if known, the name of the
obligor's new employer;
(h) A statement that, as long as the obligor is employed by the employer, the
notice to deduct for health insurance shall not be terminated or modified, except as
follows:
(I) Upon written notice by the court, obligee, or delegate child support
enforcement unit;
(II) Upon written verification, provided by the obligor to the employer, the
employer determines that the child has been enrolled in a comparable health
insurance plan that takes effect no later than the effective date on which the child
is no longer enrolled under the plan offered by the obligor's employer; or
(III) Upon the employer's elimination of family health coverage for all
employees;
(i) A statement that the employer may not discharge or refuse to hire or take
disciplinary action against an employee because of the entry or service of a notice
to deduct for health insurance issued and executed pursuant to this section and
that such a violation may result in a finding of contempt of court;
(j) A statement that if the obligor or employer enrolls the dependents who
are the subject of the order in health insurance coverage available through the
employer, the employer shall send a copy of such enrollment to the location
identified on the notice;
(k) A statement that when a child is no longer enrolled under a family health
plan for the reasons described in subparagraphs (I) to (III) of paragraph (h) of this
subsection (2), the employer within fourteen days after the termination of coverage
shall send to the location described on the health insurance premium notice a
written notice of cancellation of enrollment or a copy of the verification provided by
the obligor to the employer that the child is enrolled in a comparable health plan;
(l) A statement that the obligor may file an objection to the notice of the
deduction for health insurance with the court if the premium amount does not meet
the definition of reasonable cost as provided in section 14-10-115 (10)(g). A premium
amount that results in a child support order of fifty dollars or less or that is twenty
percent or more of the obligor's gross income shall not be considered reasonable.
(2.5) If an obligor enrolls a child in a health insurance plan other than one
provided through the obligor's employment, the obligee, the obligee's
representative, or the delegate child support enforcement unit shall send, by first-class mail, a written notice to such health insurance provider with whom the obligor
enrolls the child stating that:
(a) The obligor is under a court order to provide health insurance coverage
for a child;
(b) The insurance provider shall notify the obligee, the obligee's
representative, or the delegate child support enforcement unit of any cancellation
of the coverage.
(3) No employer who complies with a notice to deduct for health insurance
benefits pursuant to this section shall be liable to the obligor for wrongful
withholding.
(4) No employer shall discharge or refuse to hire or take disciplinary action
against an employee because of the entry or service of a notice to deduct for health
insurance issued and executed pursuant to this section. Any person who violates
this subsection (4) may be deemed by the court to be subject to contempt of court.
(5) An employer who wrongfully fails to deduct for health insurance in
accordance with the provisions of this section may be held liable for an amount up
to the accumulated amount of such premiums the employer or payer should have
withheld from the obligor's wages.
(6) When an employer is served with a notice to deduct for health insurance
pursuant to this section, and the obligor is no longer employed by the employer, the
employer shall promptly notify the court in writing of the obligor's last-known
address, social security number, and the name of the obligor's new employer, if
known.
(7) If an employer discharges an employee in violation of the provisions of
this section, the employee may, within ninety days, bring a civil action for the
recovery of wages lost as a result of the violation and for an order requiring the
reinstatement of the employee. Damages recoverable shall be lost wages not to
exceed six weeks, costs, and reasonable attorney fees.
(8) A notice to deduct for health insurance issued and served pursuant to
this section shall be continuing and shall remain in effect and be binding on any
current or successor employer upon whom it is served until further notice by the
court, obligee, obligee's representative, or delegate child support enforcement unit.
(9) The court, obligee, obligee's representative, or delegate child support
enforcement unit shall promptly notify the employer, in writing, when a notice to
deduct for health insurance is modified or terminated. A notice to deduct for health
insurance shall be terminated when the court order requiring health insurance is
terminated.
(10) Deductions for health insurance shall also be ordered by a delegate
child support enforcement unit under the provisions of the Colorado
Administrative Procedure Act for the Establishment and Enforcement of Child
Support, created in article 13.5 of title 26, C.R.S.