(2) Whenever a child support order that does not include a medical support clause is modified the modification must include a medical support clause.
(3) A medical support clause may require that medical support be provided in more than one form, and may make the requirement that medical support be provided in a particular form contingent on the availability of another form of medical support.
(4) A medical support clause must require that one or both parents provide health care coverage for a child that is appropriate and available at the time the order is entered. If health care coverage for a child is not appropriate and available at the time the order is entered, the order must:
(a) Require that one or both parents provide health care coverage for the child at any time thereafter when such coverage becomes available; and
(b) Either require the payment of cash medical support, or include findings on why cash medical support has not been required.
(5) For the purposes of subsection (4) of this section, health care coverage is appropriate and available for a child if the coverage:
(a) Is accessible, as described in subsection (6) of this section;
(b) Is reasonable in cost and does not require the payment of unreasonable deductibles or copayments; and
(c) Provides coverage, at a minimum, for medical expenses, hospital expenses, preventive care, emergency care, acute care and chronic care.
(6) Health care coverage is accessible for the purposes of subsection (5)(a) of this section if:
(a) The coverage will be available for at least one year, based on the work history of the parent providing the coverage; and
(b) The coverage either does not have service area limitations or the child lives within 30 miles or 30 minutes of a primary care provider who is eligible for payment under the coverage.
(7) A medical support clause may not order a providing party to pay cash medical support or to pay to provide health care coverage if the providing party’s income is equal to or less than the Oregon minimum wage for full-time employment.
(8) Cash medical support and the cost of other medical support ordered under a medical support clause constitute a child support obligation and must be included in the child support calculation made under ORS 25.275. [2003 c.637 §3; 2007 c.878 §6; 2009 c.351 §2; 2009 c.595 §55; 2011 c.318 §6; 2017 c.467 §1]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 025 - Support Enforcement
Section 25.010 - Definitions for support enforcement laws.
Section 25.011 - "Address" defined.
Section 25.015 - When payment on support order begins; determining; notification of date.
Section 25.025 - Annual notice to parties receiving services under ORS 25.020.
Section 25.030 - When payment payable to bank account or escrow agent.
Section 25.075 - Cooperative agreements with Indian tribes or tribal organizations.
Section 25.081 - Access to records with Social Security number.
Section 25.082 - Administrative subpoenas; civil penalty; rules.
Section 25.083 - High-volume automated administrative enforcement services.
Section 25.085 - Service on obligee; methods.
Section 25.089 - Enforcement and modification of child support judgments.
Section 25.091 - Multiple child support judgments.
Section 25.095 - Later-issued child support judgment.
Section 25.100 - Designation of auxiliary court in county where party resides or property located.
Section 25.110 - Jurisdiction of designated auxiliary court.
Section 25.130 - Election of alternative support payment method; termination of election.
Section 25.160 - Referral of support cases to department; duration of collection services.
Section 25.164 - Payment of support through Department of Justice; application.
Section 25.165 - Application of support payments; rules.
Section 25.166 - Support payment due dates.
Section 25.167 - Procedure for determining arrearages.
Section 25.180 - Examination of obligor’s financial circumstances.
Section 25.200 - Arrest of obligor for failure to appear.
Section 25.260 - Confidentiality of records; rules.
Section 25.265 - Access to information in Federal Parent Locator Service; rules.
Section 25.270 - Legislative findings.
Section 25.280 - Formula amount presumed correct; rebuttal of presumption; criteria.
Section 25.290 - Determining disposable income of obligor; offsets; rules.
Section 25.321 - Definitions for ORS 25.321 to 25.343.
Section 25.323 - Medical support.
Section 25.325 - Enforcing medical support; form of notice; rules.
Section 25.327 - Service of medical support notice.
Section 25.329 - Actions required after service of medical support notice; rules.
Section 25.331 - Obligation to withhold.
Section 25.333 - Contesting medical support notice.
Section 25.378 - Payment of support by income withholding; initiation of income withholding.
Section 25.381 - Establishing income withholding as method of paying support; records.
Section 25.384 - Statement on withholding in support order.
Section 25.396 - Exception to withholding; termination of withholding; rules.
Section 25.399 - Notice of order to withhold; contents of notice.
Section 25.402 - Service of order on withholder; contents.
Section 25.405 - Contesting order to withhold; basis.
Section 25.411 - When withholding begins; payment to Department of Justice or obligee.
Section 25.414 - Standard amount to be withheld; processing fee; rules.
Section 25.501 - Definitions for ORS 25.501 to 25.556.
Section 25.503 - Parties to support proceedings; notice.
Section 25.505 - Authority of administrator and administrative law judge; rules.
Section 25.507 - Tribunals for establishment of paternity or for child support order.
Section 25.511 - Notice and finding of financial responsibility; request for hearing; order.
Section 25.513 - Hearings procedure; parties; enforcement of order; appeal of order.
Section 25.515 - Past support; consolidation in court proceeding.
Section 25.525 - Modification of order based on change in physical custody.
Section 25.529 - Filing order with court; order effective as circuit court judgment.
Section 25.531 - Multiple child support judgments.
Section 25.533 - Relief from compliance with order.
Section 25.540 - Notice of intent to establish and enforce arrearages; request for hearing; order.
Section 25.542 - Preventing transfer of assets to evade compliance with order.
Section 25.550 - Establishing paternity of child; certification of paternity issue to circuit court.
Section 25.552 - Certification of paternity issue to circuit or juvenile court; trial.
Section 25.554 - Reopening issue of paternity; order.
Section 25.556 - Expeditious court hearings.
Section 25.575 - Definitions for ORS 25.575 to 25.577.
Section 25.576 - Order for support of adjudicated youth or other offender.
Section 25.577 - Youth authority may enter into agreements for support enforcement services.
Section 25.620 - Procedures to collect past due support from state tax refunds; fees.
Section 25.625 - Federal tax offset; passport denial; rules.
Section 25.640 - Definitions for ORS 25.643 and 25.646.
Section 25.646 - Disclosure of financial records of customers by financial institutions; liability.
Section 25.650 - Information on past due support to consumer reporting agencies; rules.
Section 25.670 - Judgment lien on personal property.
Section 25.680 - Effect of lien; priority.
Section 25.710 - Duty of district attorney.
Section 25.715 - Child support paid from security deposit.
Section 25.720 - When support assignable.
Section 25.725 - Child Support Deposit Fund.
Section 25.756 - Identifying persons holding licenses, certificates, permits and registrations.
Section 25.759 - Notice to persons subject to suspension; contents.
Section 25.765 - Procedure if obligor contacts administrator within time limits; hearing.
Section 25.780 - Other licenses, certificates, permits and registrations subject to suspension.
Section 25.785 - Issuing entities to require Social Security number.
Section 25.790 - Hiring or rehiring individual; report required; contents.
Section 25.793 - Disclosure of employer-reported information.
Section 25.794 - Verification of employment; information about compensation and benefits; rules.