Article 2. Statewide Uniform Guideline - California Family Code Section 4063
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California Laws > Family Code > Article 2. Statewide Uniform Guideline - California Family Code Section 4063
4063. (a) When making an order pursuant to paragraph (2) of
subdivision (a) of Section 4062, the court shall:
(1) Advise each parent, in writing or on the record, of his or her
rights and liabilities, including financial responsibilities.
(2) Include in its order the time period for a parent to reimburse
the other parent for the reimbursing parent's share of the
reasonable additional child support costs subject to the requirements
of this section.
(b) Unless there has been an assignment of rights pursuant to
Section 11477 of the Welfare and Institutions Code, when either
parent accrues or pays costs pursuant to an order under this section,
that parent shall provide the other parent with an itemized
statement of the costs within a reasonable time, but not more than 30
days after accruing the costs. These costs shall then be paid as
(1) If a parent has already paid all of these costs, that parent
shall provide proof of payment and a request for reimbursement of his
or her court-ordered share to the other parent.
(2) If a parent has paid his or her court-ordered share of the
costs only, that parent shall provide proof of payment to the other
parent, request the other parent to pay the remainder of the costs
directly to the provider, and provide the reimbursing parent with any
necessary information about how to make the payment to the provider.
(3) The other parent shall make the reimbursement or pay the
remaining costs within the time period specified by the court, or, if
no period is specified, within a reasonable time not to exceed 30
days from notification of the amount due, or according to any payment
schedule set by the health care provider for either parent unless
the parties agree in writing to another payment schedule or the court
finds good cause for setting another payment schedule.
(4) If the reimbursing parent disputes a request for payment, that
parent shall pay the requested amount and thereafter may seek
judicial relief under this section and Section 290. If the
reimbursing parent fails to pay the other parent as required by this
subdivision, the other parent may seek judicial relief under this
section and Section 290.
(c) Either parent may file a noticed motion to enforce an order
issued pursuant to this section. In addition to the court's powers
under Section 290, the court may award filing costs and reasonable
attorney's fees if it finds that either party acted without
reasonable cause regarding his or her obligations pursuant to this
(d) There is a rebuttable presumption that the costs actually paid
for the uninsured health care needs of the children are reasonable,
except as provided in subdivision (e).
(e) Except as provided in subdivision (g):
(1) The health care insurance coverage, including, but not limited
to, coverage for emergency treatment, provided by a parent pursuant
to a court order, shall be the coverage to be utilized at all times,
consistent with the requirements of that coverage, unless the other
parent can show that the health care insurance coverage is inadequate
to meet the child's needs.
(2) If either parent obtains health care insurance coverage in
addition to that provided pursuant to the court order, that parent
shall bear sole financial responsibility for the costs of that
additional coverage and the costs of any care or treatment obtained
pursuant thereto in excess of the costs that would have been incurred
under the health care insurance coverage provided for in the court
(f) Except as provided in subdivision (g):
(1) If the health care insurance coverage provided by a parent
pursuant to a court order designates a preferred health care
provider, that preferred provider shall be used at all times,
consistent with the terms and requirements of that coverage.
(2) If either parent uses a health care provider other than the
preferred provider inconsistent with the terms and requirements of
the court-ordered health care insurance coverage, the parent
obtaining that care shall bear the sole responsibility for any
nonreimbursable health care costs in excess of the costs that would
have been incurred under the court-ordered health care insurance
coverage had the preferred provider been used.
(g) When ruling on a motion made pursuant to this section, in
order to ensure that the health care needs of the child under this
section are met, the court shall consider all relevant facts,
including, but not limited to, the following:
(1) The geographic access and reasonable availability of necessary
health care for the child which complies with the terms of the
health care insurance coverage paid for by either parent pursuant to
a court order. Health insurance shall be rebuttably presumed to be
accessible if services to be provided are within 50 miles of the
residence of the child subject to the support order. If the court
determines that health insurance is not accessible, the court shall
state the reason on the record.
(2) The necessity of emergency medical treatment that may have
precluded the use of the health care insurance, or the preferred
health care provider required under the insurance, provided by either
parent pursuant to a court order.
(3) The special medical needs of the child.
(4) The reasonable inability of a parent to pay the full amount of
reimbursement within a 30-day period and the resulting necessity for
a court-ordered payment schedule.
Last modified: February 16, 2015