§ 40-4C-4 — Medical support; order

New Mexico § 40-4C-4

• Jurisdiction: New Mexico
• Ch. 40: Domestic Affairs
• Art. 4C: Mandatory Medical Support

Text

A. The court shall determine a parent or both parents to be a medical support obligor based on the following: (1) the availability of health care coverage that meets or exceeds the minimum standards required under the Mandatory Medical Support Act; (2) the availability of health care coverage through an employment-related or other group health and dental care coverage plan; and (3) the availability of health care coverage through a public entity when either parent meets eligibility requirements. B. When a medical support obligor is ordered to provide health care coverage, the medical support obligor shall properly name each minor child on behalf of whom medical support is owed as an eligible dependent enrolled in health care coverage. C. The court may consider the impact of the cost of health care coverage on the payment of the base child support amounts in determining whether the coverage shall be ordered; provided that: (1) the health care coverage for the minor child shall be available to the parent responsible for providing medical support at a reasonable cost; (2) cash medical support or the cost of health care coverage for the minor child is considered reasonable in cost if the cost to the parent responsible for providing medical support does not exceed five percent of the parent's gross income; and (3) the court shall allocate the cost of coverage between the minor child's parents by including the costs in the child support worksheet as set forth in Section 40- 4-11.1 NMSA 1978. D. The court may order the medical support obligor to obtain health care coverage for each minor child to whom medical support is owed if the court finds that health care coverage for each minor child is not available to the medical support obligor through an employment-related or other group health care coverage plan. E. The court shall require the medical support obligor to pay cash medical support in specific dollar amounts when: (1) the court finds that health care coverage is not available at the time an order is entered or modified and until such time that health care coverage becomes available; or (2) the court finds that the health care coverage required to be obtained by a medical support obligor does not pay all the medical or dental expenses of each minor child. F. The court shall require the medical support obligor to be liable to the custodial parent for all or a portion of the uninsured or uncovered medical and dental expenses of each minor child. G. The court shall require the medical support obligor to provide health care coverage or dental care coverage for the benefit of the medical support obligee if it is available at no additional cost to the medical support obligor. H. The court in any proceeding for the establishment, enforcement or modification of a child support obligation may modify an existing order of support or establish child support, as applicable, for each minor child to incorporate the provisions for medical and dental support ordered pursuant to the Mandatory Medical Support Act. I. The court shall consider health care coverage provided by a public entity as meeting the standards required under the Mandatory Medical Support Act.

Legislative History

Laws 1990, ch. 78, § 4; 2003, ch. 287, § 4; 2007, ch. 165, § 4; 2009, ch. 32, §