West Virginia Code
Article 12. Medical Support
§48-12-102. Court-Ordered Medical Support

In every action to establish or modify an order which requires the payment of child support, the court shall ascertain the ability of each parent to provide medical care for the children of the parties. In any temporary or final order establishing an award of child support or any temporary or final order modifying a prior order establishing an award of child support, the court shall address the provision of medical support through one or more of the following methods:
(1) The court shall determine whether appropriate medical insurance coverage as defined in section one hundred one of this article is available to either parent. If such insurance coverage exists, the court shall order the appropriate parent to enroll the child in that coverage and the cost of providing appropriate medical insurance shall be entered on line 5b of worksheet A for the basic shared parenting child support calculation as provided in section two hundred four, article thirteen of this code or line 12b of worksheet B for the extended shared parenting child support calculation as provided in said section.
(2) If the court does not include the cost of the medical insurance in the child support calculation, the court may order the other parent to contribute to the cost of the premium through an award of medical support. If the amount of the award of child support in the order is determined using the child support guidelines, the court shall order that nonrecurring or subsequently occurring uninsured medical expenses in excess of $250 per year per child shall be separately divided between the parties in proportion to their adjusted gross incomes.
(3) If neither parent currently has access to appropriate medical insurance coverage, the court shall take the following actions:
(a) The court shall order the parties to provide appropriate medical insurance coverage if it becomes available in the future; and
(b) The court shall order the payment of cash medical support by either or both parties. The amount of the cash medical support to be awarded is within the discretion of the court but the total of the cash medical support and cost of the insurance premiums shall not exceed five percent of the payor's gross income.
(c) In setting a cash medical support award, the court may consider the costs of uncovered medical expenses for the child, the relative percentages of the parties' incomes or the cost to the government to provide medical coverage for the child.
(d) If the support obligor's adjusted gross income is less than two hundred percent of the federal poverty level, the court shall set the cash medical support amount at zero.
(e) Cash medical support shall be collected and enforced in the same manner as child support payments.
(4) The order shall require the obligor to continue to provide the Bureau for Child Support Enforcement with information as to his or her employer's name and address and information as to the availability of employer-related insurance programs providing medical care coverage so long as the child continues to be eligible to receive support.

Structure West Virginia Code

West Virginia Code

Chapter 48. Domestic Relations

Article 12. Medical Support

§48-12-101. Definitions Applicable to Medical Support Enforcement

§48-12-102. Court-Ordered Medical Support

§48-12-103. Cost of Medical Support Considered in Applying Support Guidelines

§48-12-104. Use of National Medical Support Notice; Employer to Enroll Child and Withhold Premium

§48-12-105. Employer's Obligation to Transfer Notice to Appropriate Plan

§48-12-106. Notice Requirements for Certain Newly-Hired Employees

§48-12-107. Notice Requirement Upon Termination of Parent

§48-12-108. Certain Liabilities of Parent for Contributions Under the Plan Subject to Enforcement; Exceptions

§48-12-109. Custodial Parent to Receive Coverage Information, Documents

§48-12-110. Employer, Union to Notify IV-D Agency Within Forty Days of Receipt of Notice

§48-12-111. Employer's Duties Upon Service of National Medical Support Notice; Notice From Another State

§48-12-112. Employer's Duties Where Court-Ordered Coverage Available

§48-12-113. Signature of Custodian of Child Is Valid Authorization to Insurer; Insurer's Obligations

§48-12-114. Notice to Be Transferred on Parent's Change of Employment

§48-12-115. Insurer to Notify Custodian When Obligated Parent's Employment Is Terminated or Coverage Is Denied, Modified or Terminated; Explanation of Conversion Privileges; Employer to Notify Bureau of Termination

§48-12-116. Child Is Eligible for Coverage Until Emancipated; Remedies Available if Obligated Parent Fails to Provide Ordered Coverage; Failure to Maintain Coverage Is Basis for Modification of Support Order

§48-12-117. Mandatory Date for Use of the National Medical Support Notice

§48-12-118. Failure of Employer to Comply With Medical Insurance Coverage; Penalties