2009 New Mexico Statutes
Chapter 40 - Domestic Affairs.
Article 4C - Mandatory Medical Support
Section 40-4C-12 - Medical support obligor liability.

40-4C-12. Medical support obligor liability.

A.     A medical support obligor who fails to maintain the health insurance coverage for the benefit of a minor child as ordered pursuant to the Mandatory Medical Support Act shall be liable to the department or the other parent for any medical and dental expenses incurred from the date of the court order.    

B.     A medical support 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, if the medical support obligor is a noncustodial parent, 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.  Failure to maintain health insurance coverage as ordered constitutes a showing of increased need and provides a basis for modification of the medical support obligor's child support order.  

C.     A medical support obligor is required to provide the department with the following information concerning health insurance coverage: 

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

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

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

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

(5)     effective period of coverage; and 

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

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