US Laws, Codes, Statutes & Cases

40-4C-12. Obligor liability.

A.     An obligor who fails to maintain the health insurance coverage or dental insurance coverage for the benefit of a minor child as ordered pursuant to the Mandatory Medical Support Act [ 40-4C-1 NMSA 1978] shall be liable to the obligee for any medical and dental expenses incurred from the date of the court order.   

B.     An obligor who receives payment from a third party for the costs of medical or dental services provided to a minor child and who fails to use the payment to reimburse the department is liable to the department to the extent of the department's payment for the services. The department is authorized to intercept the obligor's tax refund or use other means of enforcement available to the department to recoup amounts paid. Claims for current or past due child support take priority over any claims made pursuant to this subsection. Proof of failure to maintain health insurance coverage or dental insurance coverage as ordered constitutes a showing of increased need by the obligee and provides a basis for modification of the obligor's child support order.   

C.     An obligor is required to provide the department with the following information concerning health insurance coverage or dental insurance coverage:   

(1)     obligor's name and tax identification number;   

(2)     type of coverage (single or family);   

(3)     name, address and identifying number of health insurance coverage or dental insurance coverage;   

(4)     name and tax identification number of other individuals who are provided health insurance coverage or dental insurance coverage by the obligor;   

(5)     effective period of coverage; and   

(6)     name, address and the tax identification number of the employer.