40-5-208. Medical support -- obligation enforcement. (1) In any proceeding initiated pursuant to this part to establish a child support order, whether final or temporary, and in each modification of an existing order, the support order must include a medical support order as defined in 40-5-804. The department may initiate an independent proceeding pursuant to 40-5-225 to establish a medical support order, as defined in 40-5-804, without establishing a child support order in the proceeding.
(2) If the department is providing IV-D services for a child, the department shall also enforce any order issued by a court or administrative agency of competent jurisdiction that:
(a) requires the parent to make payments for the health or medical needs of the child, whether expressed in monthly dollar amounts or in a lump-sum dollar amount. The department shall apply the same enforcement remedies as are available for the enforcement of child support as if those remedies expressly applied to medical or health obligations.
(b) requires the parent to enroll a child in a health benefit plan or individual insurance as defined in 40-5-804. The department may take action to enforce the order under the provisions of part 8 or may impose any other appropriate remedy.
(3) (a) To permit the department to determine whether enforcement action is necessary, if the parent is required to enroll the child in a health benefit plan or individual insurance, upon written request by the department, the parent shall provide the name of the individual insurance carrier or health benefit plan, the policy identification name and number, the names of the persons covered, and any other pertinent information regarding coverage.
(b) Failure of the parent to provide the requisite information to the department may be punished as a contempt under 40-5-226.
(4) If the department is providing services for a child and a child support order or modification of a child support order does not include a medical support order as defined in 40-5-804 or fails to include any other provision for the health and medical needs of the child:
(a) upon notice to the parent, the parent shall enroll the child in a health or medical insurance plan available to the parent through an employer or other group for which the premium is partially or entirely paid by the employer or other group; and
(b) the parent shall continue enrollment of the child in the plan until:
(i) a medical support order is entered;
(ii) the parent can demonstrate to the department that the cost of providing coverage is not reasonable;
(iii) the parent's employment or membership in the group has terminated and the plan is no longer available to the parent;
(iv) the employer or group eliminates coverage for all employees or members; or
(v) the department ceases to provide services for the child.
(5) If the parent fails to enroll a child in a health or medical insurance plan under subsection (4) or lets coverage lapse, the failure or lapse may be punished as a contempt under 40-5-226. A contempt may not be found if the parent shows that the cost of providing coverage for the child is not reasonable.
History: En. Sec. 1, Ch. 130, L. 1987; amd. Sec. 8, Ch. 549, L. 1989; amd. Sec. 17, Ch. 702, L. 1989; amd. Sec. 11, Ch. 631, L. 1993; amd. Sec. 30, Ch. 504, L. 1995; amd. Sec. 2, Ch. 431, L. 2005.
Structure Montana Code Annotated
Chapter 5. Enforcement of Support
Part 2. Administrative Enforcement of Support
40-5-203. Child support enforcement services
40-5-204. Cooperation by obligee
40-5-205. Payment of support money collected to department -- notice
40-5-207. Department authorized to enforce maintenance awards
40-5-208. Medical support -- obligation enforcement
40-5-209. Child support guidelines -- periodic review
40-5-210. Standardized fee schedule -- rules
40-5-213. Financial statements by obligor -- penalty
40-5-214. Scale of suggested minimum contributions
40-5-215. through 40-5-220 reserved
40-5-221. Debt to state by obligor -- limitations
40-5-222. Support debt based upon support order -- notice -- contents -- action to collect
40-5-227. Filing and docketing of final orders -- orders effective as district court decrees
40-5-228. through 40-5-230 reserved
40-5-231. Jurisdiction and venue
40-5-232. Establishment of paternity -- notice of parental responsibility -- contents
40-5-235. Effect of order establishing paternity -- birth records -- relief from order
40-5-238. Confidentiality of paternity hearings and records of proceedings
40-5-239. and 40-5-240 reserved
40-5-243. Release of excess to obligor
40-5-247. Warrant for distraint -- effect -- satisfaction of support lien -- redemption
40-5-249. and 40-5-250 reserved
40-5-251. Debt payment schedule
40-5-252. Interest on debts due -- waiver
40-5-253. Administrative findings and order -- administrative remedies -- judicial review
40-5-254. Statutory limitations
40-5-255. Charging off child support debts as uncollectible -- sale of support debts
40-5-256. Employee debtor rights protected -- limitation
40-5-257. Assignment of earnings to be honored -- effect
40-5-258. through 40-5-260 reserved
40-5-261. Procedures for making information available to consumer reporting agencies
40-5-263. Central clearinghouse -- enforcement services -- powers and duties of the department
40-5-264. Cooperative agreements
40-5-265. through 40-5-270 reserved
40-5-271. Registration of support orders
40-5-272. Application for review of child support orders
40-5-273. Notice of review of child support orders -- order for production of information
40-5-277. Administrative review hearing -- final order -- court approval of order
40-5-278. Limited review of support order
40-5-279. through 40-5-289 reserved