§ 26.09.105. Child support -- Health insurance coverage -- Conditions
(1) In entering or modifying a support order under this chapter, the court shall require either or both parents to maintain or provide health insurance coverage except as provided in subsection (2) of this section, for any child named in the order if:
(a) Coverage that can be extended to cover the child is or becomes available to that parent through employment or is union-related; and
(b) The cost of such coverage does not exceed twenty-five percent of the obligated parent's basic child support obligation.
(2) The court shall consider the best interests of the child and have discretion to order health insurance coverage when entering or modifying a support order under this chapter if the cost of such coverage exceeds twenty-five percent of the obligated parent's basic support obligation.
(3) The parents shall maintain such coverage required under this section until:
(a) Further order of the court;
(b) The child is emancipated, if there is no express language to the contrary in the order; or
(c) Health insurance is no longer available through the parents' employer or union and no conversion privileges exist to continue coverage following termination of employment.
(4) A parent who is required to extend health insurance coverage to a child under this section is liable for any covered health care costs for which the parent receives direct payment from an insurer.
(5) This section shall not be construed to limit the authority of the court to enter or modify support orders containing provisions for payment of uninsured health expenses, health care costs, or insurance premiums which are in addition to and not inconsistent with this section.
(6) A parent ordered to provide health insurance coverage shall provide proof of such coverage or proof that such coverage is unavailable within twenty days of the entry of the order to:
(a) The physical custodian; or
(b) The department of social and health services if the parent has been notified or ordered to make support payments to the Washington state support registry.
(7) Every order requiring a parent to provide health care or insurance coverage shall be entered in compliance with *RCW 26.23.050 and be subject to direct enforcement as provided under chapter 26.18 RCW.
(8) "Health insurance coverage" as used in this section does not include medical assistance provided under chapter 74.09 RCW.
[1994 c 230 § 1; 1989 c 416 § 1; 1985 c 108 § 1; 1984 c 201 § 1.]
Notes:
*Reviser's note: The reference to RCW 26.23.050 appears to refer to the amendments made by 1989 c 416 § 8, which was vetoed by the governor.
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Last modified: April 7, 2009