§ 20-2-401 — Medical support to be included as part of child support order

Wyoming § 20-2-401

• Jurisdiction: Wyoming
• Title 20: Domestic Relations
• Ch. 2: DISSOLUTION OF MARRIAGE
• Art. 4: MEDICAL SUPPORT FOR CHILDREN

Text

(a) In any action to establish or modify a child support
obligation, the court shall order either or both of the parents
to provide medical support, which may include dental, optical or
other health care needs for their dependent children. The court
shall:
(i) Require in the support order:
(A) That one (1) or both parents shall provide
insurance coverage for the children if insurance can be obtained
at a reasonable cost and the benefits under the insurance policy
are accessible to the children; and
(B) That both parents be liable to pay any
medical expenses not covered by insurance and any deductible
amount on the required insurance coverage as cash medical
support; or
(ii) Specify in the court order the proportion for
which each parent will be liable for any medical expenses as
cash medical support, which may include dental, optical or other
health care expenses incurred by any person or agency on behalf
of a child if the expenses are not covered by insurance.
(b) When the insurance coverage is ordered pursuant to
subsection (a) of this section, the court shall order the
obligated parent to submit to the court and to the other parent,
or to the other parent's representative, written proof that the
insurance has been obtained or that application for insurability
has been made within sixty (60) days after the entry of the
order requiring insurance coverage. Proof of insurance coverage
shall contain, at a minimum:
(i) The name of the insurer;
(ii) The policy number;
(iii) The address to which all claims should be
mailed;
(iv) A description of any restrictions on usage, such
as preapproval for hospital admission, and the manner in which
to obtain preapproval;
(v) A description of all deductibles; and
(vi) Two (2) copies of claim forms.
(c) The court shall order the obligated parent to notify
the court and the other parent if insurance coverage for any
child is denied, revoked, or altered in any way that would
affect the other parent including any change relating to
information required in subsection (b) of this section.
(d) The court may hold an obligated parent in contempt for
refusing to provide the ordered insurance, or for failing or
refusing to provide the information required in subsections (b)
and (c) of this section.
(e) In addition to enforcement by contempt, as provided
for in subsection (d) of this section, the obligated parent is
liable to the other parent, any person or agency for:
(i) Part or all of the cost of medical care and
medical insurance premiums paid or provided to a child for any
period in which the obligated parent failed to provide required
coverage;
(ii) Any direct insurance benefits received by the
obligated parent and not used for the medical care of the child;
and
(iii) Any reasonable attorney fees and costs incurred
in collection that the court may determine appropriate.
(f) In any action to establish or modify a child support
obligation and upon a sufficient showing by the department of
family services that birth costs were paid by medical assistance
within the preceding five (5) years, the court shall also order
that the father pay birth costs to the department in the manner
set forth in W.S. 14-2-1001 through 14-2-1008. Failure of the
department to make a sufficient showing under this subsection
shall not preclude the department from subsequently seeking
recovery in any other manner authorized by law.
(g) If the department of family services has previously
attempted to recover birth costs pursuant to W.S. 14-2-1001
through 14-2-1008, the court is not required to issue the order
described in subsection (f) of this section.