ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 652
(Senator Wooton, original sponsor)
____________
[Passed April 14, 2001; in effect from passage.]
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AN ACT to amend and reenact sections two hundred twenty-two, two hundred thirty-nine, three hundred two and three hundred four, article one, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to further amend said article by adding thereto eight new sections, designated sections two hundred thirty-three.one, two hundred thirty-three.two, two hundred thirty-five.one, two hundred thirty-five.two, two hundred thirty-five.three, two hundred thirty-five.four, two hundred thirty-five.five and three hundred seven; to amend and reenact section five hundred nine, article five of said chapter; to amend and reenact sections one hundred three and one hundred four, article eight of said chapter; to amend article nine of said chapter by adding thereto a new section, designated section six hundred four; to amend and reenact sections one hundred one, one hundred four, one hundred five, one hundred six, one hundred seven, one hundred eight, one hundred nine, one hundred ten, one hundred eleven, one hundred twelve, one hundred thirteen and one hundred fourteen, article twelve of said chapter; to further amend said article by adding thereto three new sections, designated sections one hundred fifteen, one hundred sixteen and one hundred seventeen; to amend and reenact sections four hundred one, four hundred two, four hundred three, four hundred four, five hundred one, five hundred two, five hundred three, eight hundred one and eight hundred two, article thirteen of said chapter; to further amend said article by adding thereto a new section, designated section eight hundred three; to amend and reenact section seven hundred one, article fourteen of said chapter; to amend and reenact section one hundred five, article eighteen of said chapter; to amend and reenact section one hundred three, article nineteen of said chapter; to amend and reenact section one hundred one, article twenty-four of said chapter; to amend and reenact sections two hundred two, two hundred three, two hundred four, two hundred five, two hundred six, three hundred one, three hundred nine, four hundred one, four hundred two, four hundred three, five hundred five, five hundred ten, nine hundred one, nine hundred two, nine hundred three, one thousand one, eleven hundred one and eleven hundred four, article twenty-seven of said chapter; to further amend said article by adding thereto three new sections, designated sections two hundred seven, two hundred eight and two hundred nine; to amend and reenact section seventeen, article one, chapter fifty-two of said code; and to amend and reenact sections eleven and twenty-eight-a, article one, chapter fifty-nine of said code, all relating generally to substantive revisions in the recodification of domestic relations law; providing for the calculation of interest on support obligations, and the award or approval of prejudgment interest in a domestic relations action; providing for proceedings in contempt; providing for the collection of child or spousal support by collection agencies; authorizing court to enter protective order as temporary relief in divorce proceeding; providing for revising or altering an order concerning the maintenance of parties to an action for divorce or separate maintenance; describing the effect of fault or misconduct on an award for spousal support; eliminating the bar that denies spousal support if both parties prove a grounds for divorce, or if a party determined to be at fault has committed adultery, been convicted of a felony subsequent to the marriage or has abandoned or deserted for six months; creating a parent education and mediation fund in the state treasury; defining certain terms applicable to medical support enforcement; providing for use of the national medical support notice; revising terminology used in child support awards; making technical revisions to worksheets; revising archaic terminology; requiring enrollment of the child in a health- care coverage plan; establishing the obligation of an employer to transfer the national medical support notice to the appropriate plan; establishing notice requirements for certain newly hired employees; requiring a notice upon termination of a parent's employment; making the liability of a parent for employee contributions subject to appropriate enforcement; providing a parent with a description of the coverage available, and other documents; requiring notice of coverage to the IV-D agency; describing the employer's duties upon service of a national medical support notice; describing the employer's duties where a parent is required by court or administrative order to provide health care coverage; providing that the signature of the custodian for a child constitutes a valid authorization to an insurer; describing the obligations of an insurer; providing for the transfer of notice upon an obligated parent's change of unemployment; establishing eligibility of a child until emancipation or termination of the child from coverage; providing for contempt and other remedies if an obligated parent fails to comply with an order to provide insurance coverage; establishing a mandatory date for the use of the national medical support notice; providing for the payment of arrearages or reimbursement support when the obligor is not paying a current child support obligation; setting forth the general duties and powers of the bureau for child support enforcement; setting forth the duties of bureau for child support enforcement attorneys; providing for the jurisdiction of courts over paternity proceedings; requiring that a copy of the complaint be served on the person whose name appears as the father on the birth certificate if the proceeding is brought against another person; defining and redefining terms used in domestic violence proceedings; revising procedures for domestic violence petitions; providing for emergency protective orders; providing for hearings on final protective orders; establishing appeal process and standard of review; providing for proceedings in contempt and criminal complaints; establishing misdemeanor offense and criminal penalties; authorizing arrest for violations; requiring forms; requiring judicial education; providing for the manner in which jury costs are to be deposited in the state treasury; increasing certain fees to be charged by the clerk of the circuit court; and providing for the disposition of filing fees in divorce and other civil actions.

Be it enacted by the Legislature of West Virginia:
That sections two hundred twenty-two, two hundred thirty-nine, three hundred two and three hundred four, article one, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that said article be further amended by adding thereto eight new sections, designated sections two hundred thirty-three.one, two hundred thirty- three.two, two hundred thirty-five.one, two hundred thirty- five.two, two hundred thirty-five.three, two hundred thirty- five.four, two hundred thirty-five.five and three hundred seven; that section five hundred nine, article five of said chapter be amended and reenacted; that sections one hundred three and one hundred four, article eight of said chapter be amended and reenacted; that article nine of said chapter be amended by adding thereto a new section, designated section six hundred four; that sections one hundred one, one hundred four, one hundred five, one hundred six, one hundred seven, one hundred eight, one hundred nine, one hundred ten, one hundred eleven, one hundred twelve, one hundred thirteen and one hundred fourteen, article twelve of said chapter; that said article be further amended by adding thereto three new sections, designated sections one hundred fifteen, one hundred sixteen and one hundred seventeen; that sections four hundred one, four hundred two, four hundred three, four hundred four, five hundred one, five hundred two, five hundred three, eight hundred one and eight hundred two, article thirteen of said chapter be amended and reenacted; that said article be further amended by adding thereto a new section, designated section eight hundred three; that section seven hundred one, article fourteen of said chapter be amended and reenacted; that section one hundred five, article eighteen of said chapter be amended and reenacted; that section one hundred three, article nineteen of said chapter be amended and reenacted; that section one hundred one, article twenty-four of said chapter be amended and reenacted; that section two hundred two, two hundred three, two hundred four, two hundred five, two hundred six, three hundred one, three hundred nine, four hundred one, four hundred two, four hundred three, five hundred five, five hundred ten, nine hundred one, nine hundred two, nine hundred three, one thousand one, eleven hundred one and eleven hundred four, article twenty-seven of said chapter be amended and reenacted; that said article be further amended by adding thereto three new sections, designated sections two hundred seven, two hundred eight and two hundred nine; that section seventeen, article one, chapter fifty-two of said code be amended and reenacted; and that sections eleven and twenty-eight-a, article one, chapter fifty-nine of said code be amended and reenacted, all to read as follows:
CHAPTER 48. DOMESTIC RELATIONS.
ARTICLE 1. GENERAL PROVISIONS; DEFINITIONS.
Part 2. Definitions.

§48-1-222. Domestic relations action defined.

"Domestic relations action" means an action:
(1) To obtain a divorce;
(2) To have a marriage annulled;
(3) To be granted separate maintenance;
(4) To establish paternity;
(5) To establish and enforce child or spousal support, including actions brought under the provisions of the uniform interstate family support act; and
(6) To allocate custodial responsibility and determine decision-making responsibility, or to otherwise determine child custody, as in an action petitioning for a writ of habeas corpus wherein the issue is child custody.

§48-1-233.1. Mediation defined.

"Mediation" means a method of alternative dispute resolution in which a neutral third person helps resolve a dispute. Mediation is an informal, non-adversarial process whereby the neutral third person, the mediator, assists parties to a dispute to resolve, by agreement, some or all of the differences between them. The mediator has no authority to render a judgment on any issue of the dispute.

§48-1-233.2. Mediatior defined.

"Mediator" means a neutral third person who interposes between two contending parties, with their consent, for the purpose of assisting them in settling their differences.

§48-1-235.1. Parent defined.

"Parent" means a legal parent as defined in section 1-232 unless otherwise specified.

§48-1-235.2. Parenting functions defined.

"Parenting functions" means tasks that serve the needs of the child or the child's residential family. Parenting functions include caretaking functions, as defined in section 1-210. Parenting functions also include functions that are not caretaking functions, including:
(A) Provision of economic support;
(B) Participation in decision-making regarding the child's welfare;
(C) Maintenance or improvement of the family residence, home or furniture repair, home-improvement projects, yard work and house cleaning;
(D) Financial planning and organization, car repair and maintenance, food and clothing purchasing, cleaning and maintenance of clothing, and other tasks supporting the consumption and savings needs of the family; and
(E) Other functions usually performed by a parent or guardian that are important to the child's welfare and development.

§48-1-235.3. Parenting plan defined.

"Parenting plan" means a temporary parenting plan as defined in subdivision (22) of this section or a permanent parenting plan as defined in subdivision (17) of this section.

§48-1-235.4. Permanent parenting plan defined.

"Permanent parenting plan" means a plan for parenting a child that is incorporated into a final order or subsequent modification order in a domestic relations action. The plan principally establishes, but is not limited to, the allocation of custodial responsibility and significant decision-making responsibility and provisions for resolution of subsequent disputes between the parents.

§48-1-235.5. Rehabilitative spousal support defined.

"Rehabilitative spousal support" means spousal support payable for a specific and determinable period of time, designed to cease when the payee is, after the exercise of reasonable efforts, in a position of self-support.

§48-1-239. Shared parenting defined.

(a) "Shared parenting" means either basic shared parenting or extended shared parenting.
(b) "Basic shared parenting" means an arrangement under which one parent keeps a child or children overnight for less than thirty-five percent of the year and under which both parents contribute to the expenses of the child or children in addition to the payment of child support.
(c) "Extended shared parenting" means an arrangement under which each parent keeps a child or children overnight for more than thirty-five percent of the year and under which both parents contribute to the expenses of the child or children in addition to the payment of child support.
Part 3. Miscellaneous provisions relating to domestic relations.
§48-1-302. Calculation of interest.
(a) If an obligation to pay interest arises under this chapter, the rate of interest is that specified in section 56-6-31 of this code. Interest accrues only upon the outstanding principal of such obligation. On and after the ninth day of June, one thousand nine hundred ninety-five, this section will be construed to permit the accumulation of simple interest, and may not be construed to permit the compounding of interest. Interest which accrued on unpaid installments accruing before the ninth day of June, one thousand nine hundred ninety-five, may not be modified by any court, irrespective of whether such installment accrued simple or compound interest: Provided, That unpaid installments upon which interest was compounded before the effective date of this section shall accrue only simple interest thereon on and after the ninth day of June, one thousand nine hundred ninety-five.
(b) Notwithstanding any other provision of law, no court may award or approve prejudgment interest in a domestic relations action against a party unless the court finds, in writing, that the party engaged in conduct that would violate subsection (b), rule eleven of the West Virginia rules of civil procedure. If prejudgment interest is awarded, the court shall calculate prejudgment interest from the date the offending representation was presented to the court.
(c) Upon written agreement by both parties, an obligor may petition the court to enter an order conditionally suspending the collection of all or part of the interest that has accrued on past due child support prior to the date of the agreement: Provided, That said agreement shall also establish a reasonable payment plan which is calculated to fully discharge all arrearages within twenty-four months. Upon successful completion of the payment plan, the court shall enter an order which permanently relieves the obligor of the obligation to pay the accrued interest. If the obligor fails to comply with the terms of the written agreement, then the court shall enter an order which reinstates the accrued interest. Any proceeding commenced pursuant to the provisions of this subsection may only be filed after the first day of January, two thousand one and before the thirty-first day of December, two thousand one.
§48-1-304. Proceedings in contempt.
(a) Upon a verified petition for contempt, notice of hearing and hearing, if the petition alleges criminal contempt or the court informs the parties that the matter will be treated and tried as a criminal contempt, the matter shall be tried in the circuit court before a jury, unless the party charged with contempt shall knowingly and intelligently waive the right to a jury trial with the consent of the court and the other party. If the jury, or the circuit court sitting without a jury, shall find the defendant in contempt for willfully failing to comply with an order of the court made pursuant to the provisions of articles three, four, five, eight, nine, eleven, twelve, fourteen and fifteen, as charged in the petition, the court may find the person to be in criminal contempt and may commit such person to the county jail for a determinate period not to exceed six months.
(b) If trial is had under the provisions of subsection (a) of this section and the court elects to treat a finding of criminal contempt as a civil contempt, and the matter is not tried before a jury and the court finds the defendant in contempt for willfully failing to comply with an order of the court made pursuant to the provisions of articles three, four, five, eight, nine, eleven, twelve, fourteen and fifteen, and if the court further finds the person has the ability to purge himself of contempt, the court shall afford the contemnor a reasonable time and method whereby he may purge himself of contempt. If the contemnor fails or refuses to purge himself of contempt, the court may confine the contemnor to the county jail for an indeterminate period not to exceed six months or until such time as the contemnor has purged himself, whichever shall first occur. If the petition alleges civil contempt, the matter shall be heard by the family court. The family court has the same power and authority as the circuit court under the provisions of this section for criminal contempt proceedings which the circuit court elects to treat as civil contempt.
(c) In the case of a charge of contempt based upon the failure of the defendant to pay alimony, child support or separate maintenance, if the court or jury finds that the defendant did not pay because he was financially unable to pay, the defendant may not be imprisoned on charges of contempt of court.
(d) Regardless of whether the court or jury finds the defendant to be in contempt, if the court shall find that a party is in arrears in the payment of alimony, child support or separate maintenance ordered to be paid under the provisions of this article, the court shall enter judgment for such arrearage and award interest on such arrearage from the due date of each unpaid installment. Following any hearing wherein the court finds that a party is in arrears in the payment of alimony, child support or separate maintenance, the court may, if sufficient assets exist, require security to ensure the timely payment of future installments.
(e) At any time during a contempt proceeding, the court may enter an order to attach forthwith the body of, and take into custody, any person who refuses or fails to respond to the lawful process of the court or to comply with an order of the court. Such order of attachment shall require the person to be brought forthwith before the court or the judge thereof in any county in which the court may then be sitting.

§48-1-307. Collection of child or spousal support by collection agencies.

(a) Any person attempting to collect a child or spousal support obligation or arrearage on behalf of a resident or from a resident of this state is subject to the provisions of article sixteen, chapter forty-seven of this code, and the provisions of this section, and is otherwise subject to the jurisdiction of this state.
(b) The amount of delinquent child or spousal support or arrearage established by order of a court of competent jurisdiction in this state is not subject to waiver or compromise, either by agreement of the parties or by a collection agency acting on behalf of a party and may only be modified by an order of a court of competent jurisdiction.
(c) No child or spousal support or arrearage of child or spousal support collected by the state IV-D agency may be redirected to any collection agency.
(d) No collection agency attempting to collect a child or spousal support obligation or arrearage on behalf of a resident or from a resident of this state may include any funds collected by a IV-D agency in the amount from which their fee is determined or collected.
(e) No collection agency, other than an attorney licensed to practice law in this state, attempting to collect a child support or spousal support obligation or arrearage may engage in conduct which is considered the practice of law, including, but not limited to:
(1) The performance of legal services, the offering of legal advice or the making of a false representation, directly or by implication, that a person is an attorney;
(2) Any communication with persons in the name of an attorney or upon stationery or other written matter bearing an attorney's name; and
(3) Any demand for or payment of money constituting a share of compensation for services performed or to be performed by an attorney in collecting a claim.
(f) No collection agency may collect or attempt to collect any money alleged to be due and owing by any threat, coercion or attempt to coerce, including, but not limited to:
(1) The use, or the express or implicit threat of use, of violence or other criminal means, to cause harm to the person, reputation or property of any person;
(2) The accusation or threat to accuse any person of fraud, of any crime, or of any conduct which, if true, would tend to disgrace the other person or in any way subject them to ridicule or contempt of society;
(3) False accusations made to another person, including any credit reporting agency, that a person is willfully refusing to pay a just claim, or the threat to make such false accusations;
(4) The threat that nonpayment of an alleged claim will result in the arrest of any person, or of the taking of any other action requiring judicial sanction, without informing the person that there must be in effect a court order permitting the action before it can be taken; and
(5) The threat to take any action prohibited by this section or other law regulating the conduct of a collection agency.
(g) No collection agency may unreasonably oppress or abuse any person in connection with the collection of or attempt to collect any child or spousal support obligation or arrearage, including, but not limited to:
(1) The use of profane or obscene language or language that is intended to unreasonably abuse the listener or reader;
(2) The placement of telephone calls without disclosure of the caller's identity and with the intent to annoy, harass or threaten any person at the called number;
(3) Causing expense to any person in the form of long distance telephone tolls, telegram fees or other charges incurred by a medium of communication, by concealment of the true purpose of the communication; and
(4) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously, or at unusual times or at times known to be inconvenient, with intent to annoy, abuse, oppress or threaten any person at the called number.
(h) No collection agency may unreasonably publicize information relating to any alleged child or spousal support obligation or arrearage, including, but not limited to:
(1) The communication to any employer or his or her agent of any information relating to an employee's indebtedness other than through proper legal action, process or proceeding;
(2) The disclosure, publication, or communication of information relating to a child or spousal support obligation or arrearage to any relative or family member of the obligor, except through proper legal action or process or at the express and unsolicited request of the obligor;
(3) The disclosure, publication or communication of any information relating to an obligor's child or spousal support obligation or arrearage to any other person other than a credit reporting agency, by publishing or posting any list of persons, commonly known as "deadbeat lists," or in any manner other than through proper legal action, process or proceeding; and
(4) The use of any form of communication to the obligor, which ordinarily may be seen by any other person, that displays or conveys any information about the alleged claim other than the name, address and telephone number of the collection agency.
(i) No collection agency may use any fraudulent, deceptive or misleading representation or means to collect or attempt to collect claims or to obtain information concerning support obligors, including, but not limited to:
(1) The use of any business, company or organization name while engaged in the collection of claims, other than the true name of the collection agency's business, company or organization;
(2) Any false representation that the collection agency has in its possession information or something of value for the obligor with the underlying purpose of soliciting or discovering information about the person;
(3) The failure to clearly disclose the name of the person to whom the claim is owed, at the time of making any demand for money;
(4) Any false representation or implication of the character, extent or amount of a claim against an obligor or of the status of any legal proceeding;
(5) Any false representation or false implication that any collection agency is vouched for, bonded by, affiliated with an agency, instrumentality, agent or official of this state or of the federal or local government;
(6) The use, distribution or sale of any written communication which simulates or is falsely represented to be a document authorized, issued or approved by a court, an official or any other legally constituted or authorized authority, or which creates a false impression about its source, authorization or approval;
(7) Any representation that an existing obligation of the obligor may be increased by the addition of attorney's fees, investigation fees, service fees or any other fees or charges when in fact the fees or charges may not legally be added to the existing obligation; and
(8) Any false representation or false impression about the status or true nature of the services rendered by the collection agency.
(j) No collection agency may use unfair or unconscionable means to collect or attempt to collect any claim, including, but not limited to:
(1) The collection of or the attempt to collect any interest in excess of that interest authorized by the provisions of this chapter, or other charge, fee or expense incidental to the principal obligation that exceeds ten percent of the principal amount from an obligor or obligee; and
(2) Any communication with an obligor whenever it appears the obligor is represented by an attorney and the attorney's name and address are known, or could be easily ascertained, unless the attorney fails to answer correspondence, return telephone calls or discuss the obligation in question, or unless the attorney and the obligor consent to direct communication.
(k) No collection agency may use, distribute, sell or prepare for use any written communication which violates or fails to conform to United States postal laws and regulations.
(l) No collection agency may place a telephone call or otherwise communicate by telephone with an obligor at any place, including a place of employment, falsely stating that the call is "urgent" or an "emergency".
(m) No collection agency may attempt to collect any portion of a fee from any money collected by any other entity or authority. The collection agency may only collect a fee from funds procured solely through its collection activities.
(n) A collection agency must provide the state IV-D agency with an accounting of any money collected and forwarded to the obligee as child support, spousal support, or arrearages every sixty days until the collection agency ceases all collection activity.
(o) Any resident of this state who contracts for services with a collection agency to collect child support, spousal support arrearages may, upon thirty days written notice, cancel the contract for collection. The notice must be mailed to the collection agency by first class mail. All contracts signed by residents of this state must include written notification of this right of cancellation.
(p) Any person who violates the provisions of this section is subject to the penalties set forth in section 47-16-5 and section 11-12-9.
(q) Any person who violates the provisions of this section is liable to the injured party in a civil action. Additionally, any person who violates the provisions of this section is guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one thousand dollars nor more than five thousand dollars for each separate incident.
(r) For any action filed pursuant to this section alleging illegal, fraudulent or unconscionable conduct or any prohibited debt collection practice, the court, in its discretion, may award all or a portion of the costs of litigation, including reasonable attorney fees, court costs and fees, to the injured party. Upon a finding by the court that an action filed pursuant to this section on the grounds of illegal, fraudulent or unconscionable conduct or any prohibited debt collection practice was brought in bad faith and for the purposes of harassment, the court may award the defendant reasonable attorney fees.
ARTICLE 5. DIVORCE.
§48-5-509. Enjoining abuse, emergency protective order.
(a) The court may enjoin the offending party from molesting or interfering with the other, or otherwise imposing any restraint on the personal liberty of the other, or interfering with the custodial or visitation rights of the other. This order may enjoin the offending party from:
(1) Entering the school, business or place of employment of the other for the purpose of molesting or harassing the other;
(2) Contacting the other, in person or by telephone, for the purpose of harassment or threats; or
(3) Harassing or verbally abusing the other in a public place.
(b) Any order entered by the court to protect a party from abuse may grant any other relief that may be appropriate for inclusion under the provisions of article twenty-seven of this chapter.
(c) The court, in its discretion, may enter a protective order, as provided in article twenty-seven of this chapter, as part of the temporary relief in a divorce action.
ARTICLE 8. SPOUSAL SUPPORT.

§48-8-103. Payment of spousal support.

(a) Upon ordering a divorce or granting a decree of separate maintenance, the court may require either party to pay spousal support in the form of periodic installments, or a lump sum, or both, for the maintenance of the other party. Payments of spousal support are to be ordinarily made from a party's income, but when the income is not sufficient to adequately provide for those payments, the court may, upon specific findings set forth in the order, order the party required to make those payments to make them from the corpus of his or her separate estate. An award of spousal support shall not be disproportionate to a party's ability to pay as disclosed by the evidence before the court.
(b) At any time after the entry of an order pursuant to the provisions of this article, the court may, upon motion of either party, revise or alter the order concerning the maintenance of the parties, or either of them, and make a new order concerning the same, issuing it forthwith, as the altered circumstances or needs of the parties may render necessary to meet the ends of justice.

§48-8-104. Effect of fault or misconduct on award of spousal support.

In determining whether spousal support is to be awarded, or in determining the amount of spousal support, if any, to be awarded, the court shall consider and compare the fault or misconduct of either or both of the parties and the effect of the fault or misconduct as a contributing factor to the deterioration of the marital relationship.
ARTICLE 9. CUSTODY OF CHILDREN.
§48-9-604. Parent education and mediation fund.
There is hereby created in the state treasury a special revenue account, designated the "parent education and mediation fund". The moneys of the fund shall be expended by the administrator of the supreme court of appeals for parent education and mediation programs.
ARTICLE 12. MEDICAL SUPPORT.
§48-12-101. Definitions applicable to medical support enforcement.
For the purposes of this article:
(1) "Custodian for the children" means a parent, legal guardian, committee or other third party appointed by court order as custodian of a child or children for whom child support is ordered.
(2) "Obligated parent" means a natural or adoptive parent who is required by agreement or order to pay for insurance coverage and medical care, or some portion thereof, for his or her child.
(3) "Insurance coverage" means coverage for medical, dental, including orthodontic, optical, psychological, psychiatric or other health care service.
(4) "Child" means a child to whom a duty of child support is owed.
(5) "Medical care" means medical, dental, optical, psychological, psychiatric or other health care service for children in need of child support.
(6) "Insurer" means any company, health maintenance organization, self-funded group, multiple employer welfare arrangement, hospital or medical services corporation, trust, group health plan, as defined in 29 U.S.C. § 1167, Section 607(1) of the Employee Retirement Income Security Act of 1974 or other entity which provides insurance coverage or offers a service benefit plan.
(7) "National medical support notice" means the written notice described in 29 U.S.C. §1169 (a)(5)(C) and 42 U.S.C. §666 (a)(19), and issued as a means of enforcing the health care coverage provisions in a child support order for children whose parent or parents are required to provide health-care coverage through an employment-related group health plan. This notice is considered under ERISA to be a qualified medical child support order (QMSO).
(8) "Qualified medical child support order" means a medical child support order which creates or recognizes the existence of an alternate recipient's right to, or assigns to an alternate recipient the right to, receive benefits from which a participant or beneficiary is eligible under a group health plan. A qualified medical child support order must include the name and the last known mailing address, if any, of the participant and the name and mailing address of each alternate recipient covered by the order, except that, to the extent provided in the order, the name and mailing address of an official of the IV-D agency may be substituted for the mailing address of any alternate recipient, a reasonable description of the type of coverage provided to each alternate recipient, or the manner in which the type of coverage is determined, and the time period for which the order applies.

§48-12-104. Use of national medical support notice; employer to enroll child and withhold premium.

(a) All child support orders which include a provision for health care coverage of a child shall be enforced, where appropriate, through the use of the national medical support notice, as set forth in 42 U.S.C. §666 (a)(19) and 29 U.S.C. §1169 (a)(5)(C) et seq.
(b) Unless alternative coverage is permitted in any order by a court of competent jurisdiction, in any case in which a parent is required pursuant to a child support order to provide the health care coverage and the employer of the parent is known to the IV-D agency, the IV-D agency shall use the national medical support notice to give notice of the provision for the health care coverage of the child to the employer. The employer shall enroll the child as a beneficiary in the group insurance plan and withhold any required premium from the obligated parent's income or wages, and remit any amount withheld for the premium directly to the plan.

§48-12-105. Employer's obligation to transfer notice to appropriate plan.

Within twenty business days after the date of receipt of the national medical support notice, the employer shall transfer the notice, excluding the severable employer withholding notice described in section 401 (b)(2)(C) of the Child Support Performance and Incentive Act of 1998, to the appropriate plan providing any health care coverage for which the child is eligible.
§48-12-106. Notice requirements for certain newly-hired employees.
In any case in which the parent is a newly hired employee who is reported to the state directory of new hires pursuant to section 18-125 of this chapter, and if the bureau for child support enforcement is currently providing services for this case, the agency shall issue, where appropriate, the national medical support notice, together with an income withholding notice issued pursuant to section 14-405 of this chapter, within two days after the date of the entry of the employee in the directory.
§48-12-107. Notice requirement upon termination of parent.
In any case in which the employment of the parent with any employer who received a national medical support notice is terminated, the employer is required to notify the IV-D agency of the termination, within fourteen days of the termination, and shall provide the bureau for child support enforcement with the obligor's last known address at the time of termination.

§48-12-108. Certain liabilities of parent for contributions under the plan subject to enforcement; exceptions.

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.

§48-12-109. Custodial parent to receive coverage information, documents.

Within forty business days after the date of the national medical support notice, the plan administrator shall provide to the custodial parent a description of the coverage available and any forms or documents, including an insurance enrollment card, to effectuate the coverage.

§48-12-110. Employer, union to notify IV-D agency within forty days of receipt of notice.

Within forty days of receipt of a national medical support notice, the obligated parent's employer, multiemployer trust or union shall notify the IV-D agency with respect to whether coverage for the child is available, and if so, whether the child is covered under the plan, the effective date of the coverage and the name of the insurer.

§48-12-111. Employer's duties upon service of national medical support notice.

(a) Upon service of the national medical support notice requiring insurance coverage for the children, the employer, multiemployer trust or union shall enroll the child as a beneficiary in the group insurance plan and withhold any required premium from the obligated parent's income or wages, unless the child is already enrolled in this plan.
(b) If more than one plan is offered by the employer, multiemployer trust or union, the child shall be enrolled in the same plan as the obligated parent. If the obligated parent is not enrolled for insurance coverage, the employer shall promptly report the availability of plans to the IV-D agency. The IV-D agency, in consultation with parent, shall promptly select the most appropriate plan, considering both the health needs of the child and the cost to the parents, and shall notify the plan administrator and the parties of the selection.
(c) Insurance coverage for the child which is ordered pursuant to the provisions of this section shall not be terminated except as provided in section 12-115 of this chapter.
§48-12-112. Employer's duties where court-ordered coverage
available.
(a) Where a parent is required by a court or administrative order to provide health coverage, which is available through an employer doing business in this state, the employer is required:
(1) To permit the parent to enroll under family coverage any child who is otherwise eligible for coverage without regard to any enrollment season restrictions;
(2) If the parent is enrolled but fails to make application to obtain coverage of the child, to enroll the child under family coverage upon application by the child's other parent, by the state agency administering the medicaid program or by the bureau for child support enforcement;
(3) Not to disenroll or eliminate coverage of the child unless the employer is provided satisfactory written evidence that:
(A) The court or administrative order is no longer in effect;
(B) The child is or will be enrolled in comparable coverage which will take effect no later than the effective date of disenrollment; or
(C) The employer eliminated family health coverage for all of its employees; and
(4) To withhold from the employee's compensation the employee's share, if any, of premiums for health coverage and to pay this amount to the insurer: Provided, That the amount so withheld may not exceed the maximum amount permitted to be withheld under 15 U.S.C. §1673, Section 303(b) of the consumer credit protection act.

§48-12-113. Signature of custodian of child is valid authorization to insurer; insurer's obligations.

(a) The signature of the custodian for the child shall constitute a valid authorization to the insurer for the purposes of processing an insurance payment to the provider of medical care for the child.
(b) No insurer, employer or multiemployer trust in this state may refuse to honor a claim for a covered service when the custodian for the child or the obligated parent submits proof of payment for medical bills for the child.
(c) The insurer shall reimburse the custodian for the child or the obligated parent who submits copies of medical bills for the child with proof of payment.
(d) All insurers in this state shall comply with the provisions of section 33-15-16 and section 33-16-11 of this code and shall provide insurance coverage for the child of a covered employee notwithstanding the amount of support otherwise ordered by the court and regardless of the fact that the child may not be living in the home of the covered employee.

§48-12-114. Notice to be transferred on parent's change of employment.

Where an obligated parent changes employment and the new employer provides the obligated parent's health care coverage, the bureau for child support enforcement shall transfer to the new employer notice of the obligated parent's duty to provide health care coverage by use of the national medical support notice.

§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.

When an order for insurance coverage for a child pursuant to this article is in effect and the obligated parent's employment is terminated or the insurance coverage for the child is denied, modified or terminated, the insurer shall in addition to complying with the requirements of article sixteen-a, chapter thirty-three of this code, within ten days after the notice of change in coverage is sent to the covered employee, notify the custodian for the child and provide an explanation of any conversion privileges available from the insurer. In any case in which the employment of the obligated parent to provide insurance is terminated, the employer shall notify the bureau for child support enforcement of the 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.

(a) A child of an obligated parent shall remain eligible for insurance coverage until the child is emancipated or until the insurer under the terms of the applicable insurance policy terminates said child from coverage, whichever is later in time, or until further order of the court.
(b) If the obligated parent fails to comply with the order to provide insurance coverage for the child, the court shall:
(1) Hold the obligated parent in contempt for failing or refusing to provide the insurance coverage or for failing or refusing to provide the information required in subdivision (4) of this subsection;
(2) Enter an order for a sum certain against the obligated parent for the cost of medical care for the child and any insurance premiums paid or provided for the child during any period in which the obligated parent failed to provide the required coverage;
(3) In the alternative, other enforcement remedies available under sections 14-2, 14-3 and 14-4 of this chapter, or otherwise available under law, may be used to recover from the obligated parent the cost of medical care or insurance coverage for the child;
(4) In addition to other remedies available under law, the bureau for child support enforcement may initiate an income withholding against the wages, salary or other employment income of, and withhold amounts from state tax refunds to any person who:
(A) Is required by court or administrative order to provide coverage of the cost of health services to a child; and
(B) Has received payment from a third party for the costs of the services but has not used the payments to reimburse either the other parent or guardian of the child or the provider of the services, to the extent necessary to reimburse the state medicaid agency for its costs: Provided, That claims for current and past due child support shall take priority over these claims.
(c) Proof of failure to maintain court ordered insurance coverage for the child constitutes a showing of substantial change in circumstances or increased need, and provides a basis for modification of the child support order.

§48-12-117. Mandatory date for use the national medical support notice.

Provisions of this article which require the use of the national medical support notice are not mandatory until April 1, 2002.
ARTICLE 13. GUIDELINES FOR CHILD SUPPORT AWARDS.
Part 4. support in basic shared parenting cases.

§48-13-401. Basic child support obligation in basic shared parenting.

For basic shared parenting cases, the total child support obligation consists of the basic child support obligation plus the child's share of any unreimbursed health care expenses, work- related child care expenses and any other extraordinary expenses agreed to by the parents or ordered by the court less any extraordinary credits agreed to by the parents or ordered by the court.

§48-13-402. Division of basic child support obligation in basic shared parenting.

For basic shared parenting cases, the total basic child support obligation is divided between the parents in proportion to their income. From this amount is subtracted the payor's direct expenditures of any items which were added to the basic child support obligation to arrive at the total child support obligation.

§48-13-403. Worksheet for calculating basic child support obligation in basic shared parenting cases.

Child support for basic shared parenting cases shall be calculated using the following worksheet: