2006 New Mexico Statutes - Section 40-4C-4 — Medical support; order.

40-4C-4. Medical support; order.

A.     The court shall order an obligor to name the minor child on behalf of whom support is owed as an eligible dependent of health insurance coverage or dental insurance coverage if:   

(1)     health insurance coverage or dental insurance coverage that meets or exceeds the minimum standards required under the Mandatory Medical Support Act [ 40-4C-1 NMSA 1978] is not available at a more reasonable cost to the obligee than to the obligor for coverage of the minor child; and   

(2)     such health insurance coverage or dental insurance coverage is available to the obligor through an employment-related or other group health care insurance plan.   

B.     The court may consider the impact of the cost of health insurance coverage or dental insurance coverage on the payment of the base child support amounts in determining whether such insurance coverage shall be ordered.   

C.     The court may order the obligor to obtain health insurance coverage or dental insurance coverage for any minor child to whom support is owed, if:   

(1)     the court finds that health insurance coverage or dental insurance coverage for the minor child is not available to the obligor through an employment-related or other group health care insurance plan; and   

(2)     the obligee does not have such health insurance coverage or dental insurance coverage available at a more reasonable cost than the obligor for coverage of the minor child.   

D.     The court shall require the obligor to be liable for all or a portion of the medical or dental expenses of the minor child that are not covered by the required health insurance coverage or dental insurance coverage, if:   

(1)     the court finds that the health insurance coverage or dental insurance coverage required to be obtained by the obligor or available to the obligee does not pay all the reasonable and necessary medical or dental expenses of the minor child; and   

(2)     the court finds that the obligor has the financial resources to contribute to the payment of these medical or dental expenses.   

E.     The court shall require the obligor to provide health insurance coverage or dental insurance coverage for the benefit of the obligee if it is available at no additional cost to the obligor.   

F.     The court in any proceeding for the establishment, enforcement or modification of a child support obligation may modify an existing order of support or establish child support, as applicable, for the minor child to incorporate the provisions for medical support ordered pursuant to the Mandatory Medical Support Act.