Montana Code Annotated
Part 8. Medical Support Order Enforcement
40-5-805. Establishing medical support orders

40-5-805. Establishing medical support orders. (1) In an action or proceeding to establish a child support order, whether temporary or final, or to modify an existing child support order, the tribunal shall also establish a medical support order. In establishing a medical support order, a tribunal shall consider:
(a) the best interests of the child;
(b) the child's present and anticipated needs for medical care;
(c) the financial ability of the parents to pay for individual insurance or a health benefit plan; and
(d) the extent to which an available health benefit plan or individual insurance coverage is subsidized or reduced in cost by an employer or by participation in a plan on a group basis.
(2) Except as otherwise provided in this part, a tribunal may not consider a child's eligibility for a public assistance program as a factor in determining a parent's financial ability to afford individual insurance or a health benefit plan.
History: En. Sec. 5, Ch. 504, L. 1995.

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