H. B. 2112
(By Delegate Webb)
[Introduced January 10, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section one hundred two, article
twelve, chapter forty-eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
parents court-ordered to provide medical insurance to his or
her child if the insurance is available to the parent at a
Be it enacted by the Legislature of West Virginia:
That section one hundred two, article twelve, chapter
forty-eight of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
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 order
one or more of the following:
(1) The court shall order either parent or both parents to
provide insurance coverage for a child, if
such the insurance
coverage is available at a reasonable cost to that parent on a
group basis through an employer, multiemployer trust or through an
employee's union. If similar insurance coverage is available to
both parents, the court shall order the child to be insured under
the insurance coverage which provides more comprehensive benefits.
If such the insurance coverage is not available at the time of the
entry of the order, the order shall require that if such the
coverage thereafter becomes available to either party, that party
shall promptly notify the other party of the availability of
insurance coverage for the child.
(2) If the court finds that insurance coverage is not
available to either parent on a group basis through an employer,
multiemployer trust or employees' union, or that the group insurer
is not accessible to the parties, the court may order either parent
or both parents to obtain insurance coverage which is otherwise
available at a reasonable cost.
(3) Based upon the respective ability of the parents to pay,
the court may order either parent or both parents to be liable for
reasonable and necessary medical care for a child. The court shall
specify the proportion of the medical care for which each party
shall be responsible. 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 two hundred fifty dollars
per year per child shall be separately divided between the parties
in proportion to their adjusted gross incomes.
(4) If insurance coverage is available, the court shall also
determine the amount of the annual deductible on insurance coverage
which is attributable to the children and designate the proportion
of the deductible which each party shall pay.
(5) 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.
NOTE: The purpose of this bill is to allow a parent, who has
been court-ordered to provide medical insurance coverage to his or
her child, to provide the insurance if the insurance is available to the parent at a reasonable cost.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would