Any liability a parent may have for employee contributions required under the plan for enrollment of the child is subject to appropriate enforcement unless the parent contests the enforcement based upon a mistake of fact, except that if enforcement of both the full amount of cash child support and the full amount of medical support violates the application provisions of 15 U.S.C. §1673, Section 303(b) of the Consumer Credit Protection Act, then the current month's cash child support shall receive priority, and shall be deducted in full prior to any deduction being made for payment of either current medical support or health insurance premiums. If the employee contests the withholding in the manner prescribed within the notice, the employer must initiate withholding until such time as the employer receives notice that the contest is resolved.
Structure West Virginia Code
Chapter 48. Domestic Relations
§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
§48-12-109. Custodial Parent to Receive Coverage Information, Documents
§48-12-110. Employer, Union to Notify IV-D Agency Within Forty Days of Receipt of Notice
§48-12-112. 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
§48-12-117. Mandatory Date for Use of the National Medical Support Notice
§48-12-118. Failure of Employer to Comply With Medical Insurance Coverage; Penalties