Ala. Admin. Code r. 660-3-18-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-3-18-.02 - Medical Support Establishment

(1) The IV-D Child Support Enforcement Agency must seek medical support for children from either parent.

(2) All child support orders enforced by the IV-D Child Support Enforcement Agency shall include a provision for health care coverage for the child(ren) to be provided by either or both parents.

(3) The IV-D Child Support Enforcement Agency is required to:

(a) Petition the court to include health care coverage in the support order if it is accessible to the child(ren), is available to the parent responsible for providing medical support and can be obtained for the child(ren) at reasonable cost in new or modified court orders for support; and

(b) Allocate the cost of coverage between the parents.

(4) If health care coverage is not available at the time the order is entered or modified, IV-D agencies are required to petition to include cash medical support that is reasonable in cost until such time as health care coverage becomes available. However, in Alabama all cases where the child support obligation has been calculated by Rule 32 Alabama Rules of Judicial Administration Guidelines are considered to have cash medical support ordered because an amount for medical costs is part of the basic child support obligation.

(5) The IV-D Child Support Enforcement Agency must petition the court to modify support orders to include health care coverage and/or cash medical support if the provision does not exist in the order.

(6) The IV-D Child Support Enforcement Agency must provide the custodial parent with information pertaining to the health care policy which has been secured for the dependent child(ren) pursuant to an order.

Ala. Admin. Code r. 660-3-18-.02

New Rule: Filed August 6, 2009; effective September 10, 2009.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 12, September 30, 2020, eff. 11/14/2019.

Author: Clifford Smith

Statutory Authority: Rule 32 Alabama Rules of Judicial Administration, 42 USC 666(a) 19; 45 C.F.R. 303.31, ALABAMA STATE PLAN - CHILD SUPPORT ENFORCEMENT DIVISION.