23-3118. Same; failure to maintain coverage. (a) Except for good cause shown, the obligee shall be granted judgment against the obligor if: (1) The obligor was subject to a medical support order for a child; (2) under the Kansas child support guidelines the obligor received credit toward a cash child support obligation based upon health benefit premiums to be paid by the obligor; and (3) the anticipated premiums were not paid in full by the obligor because of the obligor's delay or failure in obtaining health benefit coverage for the child or the obligor's failure to maintain health benefit coverage for the child.
(b) The amount of the judgment shall include the lesser of: (1) Actual costs incurred by the obligee for substantially similar health benefits; or (2) the difference between the actual amount of the cash child support order and the amount the cash child support order would have been without the credit for unpaid premiums and with any premiums paid by the obligee for substantially similar health benefit coverage.
(c) Failure to obtain or maintain health benefit coverage as ordered, for whatever reason, shall be a material change of circumstances justifying modification of the order for support if credit has been given for health benefit premiums which were not paid timely.
History: L. 1994, ch. 301, ยง 18; July 1.
Structure Kansas Statutes
Chapter 23 - Kansas Family Law Code-revised
Article 31 - Enforcement Of Support Orders
23-3101 Title and purpose of act; severability.
23-3107 Modification or termination of withholding order, when; notice; medical withholding order.
23-3108 Improper withholding; refund or credit.
23-3109 Duty of obligee and public office to provide certain notices; records of support payments.
23-3111 Bond requirement when obligor self-employed or withholding otherwise impracticable.
23-3112 Act not limitation on other remedies.
23-3113 Forms and informational materials; system to monitor payments; subcontractors.
23-3115 Same; withholding order; issuance.
23-3116 Same; requirements of withholding order.
23-3117 Same; duties of payor with respect to withholding order.
23-3118 Same; failure to maintain coverage.
23-3119 Support enforcement proceeding; failure to comply; penalties.
23-3120 Child support enforcement; licensing bodies; professional license.
23-3121 Reporting of support arrearages to consumer credit reporting agencies.
23-3122 Lien upon vehicles, vessels, aircraft.
23-3123 Distribution of support payments; rules and regulations.
23-3124 Income withholding order; lump sum payment; attachment.
23-3125 Same; notice to obligor; hearing.
23-3126 Income withholding; unemployment insurance benefits.