This text of Iowa § 252E.1B (Establishing and modifying orders for medical support — actions initiated by child support services) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
2. An order or judgment that provides for temporary or permanent support for a child
shall include a provision for medical support for the child as provided in this section.
3. The court shall order as medical support for the child health care coverage if a health
benefit plan other than public coverage is available to either parent at the time the order is
entered or modified. A health benefit plan is available if the plan is accessible and the cost of
the plan is reasonable.
a. The cost of a health benefit plan is considered reasonable, and such amount shall be
stated in the order, if one of the following applies:
(1)Thepremiumcostforachildtotheparentorderedtoprovidecoveragedoesnotexceed
fivepercentofthatparent’sgrossincomeorthechildsupportguidelinesestablishedpursuant
to section 598.21
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2. An order or judgment that provides for temporary or permanent support for a child
shall include a provision for medical support for the child as provided in this section.
3. The court shall order as medical support for the child health care coverage if a health
benefit plan other than public coverage is available to either parent at the time the order is
entered or modified. A health benefit plan is available if the plan is accessible and the cost of
the plan is reasonable.
a. The cost of a health benefit plan is considered reasonable, and such amount shall be
stated in the order, if one of the following applies:
(1) Thepremiumcostforachildtotheparentorderedtoprovidecoveragedoesnotexceed
fivepercentofthatparent’sgrossincomeorthechildsupportguidelinesestablishedpursuant
to section 598.21B specifically provide an alternative income-based numeric standard for
determining the reasonable cost of the premium, in which case the reasonable cost of the
premium as determined by the standard specified by the child support guidelines shall apply.
(2) The premium cost for a child exceeds the amount specified in subparagraph (1) and
that parent consents or does not object to entry of that order.
3 MEDICAL SUPPORT, §252E.1B
b. For purposes of this section, “family coverage” means coverage that covers multiple
individuals and covers or could cover the child or children subject to the child support order.
c. For purposes of this section, “gross income” has the same meaning as gross income for
calculation of support under the guidelines established under section 598.21B.
d. For purposes of this section, “the premium cost for a child to the parent” ordered to
provide coverage means the amount of the premium cost for family coverage to the parent
which is in excess of the premium cost for single coverage, regardless of the number of
individuals covered under the plan.
4. If a health benefit plan other than public coverage is not available to either parent at
the time of the entry of the order, and the custodial parent does not have public coverage for
the child, the court shall order cash medical support in an amount which shall be stated in
the order. This subsection shall not apply in any of the following circumstances:
a. If the parent’s monthly support obligation established pursuant to the child support
guidelines prescribed by the supreme court pursuant to section 598.21B is the minimum
obligation amount. If this paragraph applies, the court shall order the parent to provide
health care coverage when a plan becomes available for which there is no premium cost for
a child to the parent.
b. If the noncustodial parent does not have income which may be subject to income
withholding for collection of cash medical support at the time of the entry of the order. If
this paragraph applies, the court shall order the noncustodial parent to provide health care
coverage when a health benefit plan becomes available at a reasonable cost, and the order
shall specify the amount of the reasonable cost as specified in subsection 3, paragraph “a”,
subparagraph (1).
c. If the noncustodial parent is receiving assistance or is residing with any child receiving
assistance as provided in section 252E.2A, subsection 1, paragraph “c”, subparagraph (3) or
(4). If this paragraph applies, the court shall order the noncustodial parent to provide health
care coverage when a health benefit plan becomes available for which there is no premium
cost for a child to the parent.
5. If a health benefit plan other than public coverage is not available to either parent at
the time of the entry of the order, and the custodial parent has public coverage for the child,
the court shall order the custodial parent to provide health care coverage, and the court shall
order the noncustodial parent to pay cash medical support, which amount shall be stated in
the order, unless an exception under subsection 4 applies.
6. Notwithstanding the requirements of this section, the court may order provisions in the
alternative to those provided in this section to address the health care needs of the child if the
court determines that extreme circumstances so require and documents the court’s written
findings in the order.
7. An order, decree, or judgment entered before October 1, 2018, that provides for the
support of a child may be modified in accordance with this section.