2019 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 4C - Mandatory Medical Support
Section 40-4C-4 - Medical support; order.
A. The court shall determine a parent or both parents to be a medical support obligor based on the following:
(1) the availability of health insurance coverage that meets or exceeds the minimum standards required under the Mandatory Medical Support Act; and
(2) the availability of health insurance coverage through an employment-related or other group health and dental care insurance plan.
B. When a medical support obligor is ordered to provide health insurance coverage, the medical support obligor shall properly name each minor child on behalf of whom medical support is owed as an eligible dependent on such insurance.
C. The court may consider the impact of the cost of health insurance coverage on the payment of the base child support amounts in determining whether such insurance coverage shall be ordered.
D. The court may order the medical support obligor to obtain health insurance coverage for each minor child to whom medical support is owed if the court finds that health insurance coverage for each minor child is not available to the medical support obligor through an employment-related or other group health care insurance plan.
E. The court shall require the medical support obligor to pay cash medical support in specific dollar amounts when:
(1) a public entity provides health insurance;
(2) the court finds that health insurance is not available at the time an order is entered or modified and until such time that health insurance becomes available; or
(3) the court finds that the health insurance coverage required to be obtained by a medical support obligor does not pay all the medical or dental expenses of each minor child.
F. The court shall require the medical support obligor to be liable to the custodial parent or the department for all or a portion of the uninsured or uncovered medical and dental expenses of each minor child.
G. The court shall require the medical support obligor to provide health insurance coverage or dental insurance coverage for the benefit of the medical support obligee if it is available at no additional cost to the medical support obligor.
H. 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 each minor child to incorporate the provisions for medical and dental support ordered pursuant to the Mandatory Medical Support Act.
History: Laws 1990, ch. 78, § 4; 2003, ch. 287, § 4; 2007, ch. 165, § 4; 2009, ch. 32, § 3.
ANNOTATIONSThe 2009 amendment, effective June 19, 2009, in Subsection E deleted the former provision, which provided that the obligor was liable for medical and dental expenses of each minor child that is not covered by health insurance coverage and added "pay cash medical support in specific dollar amounts when"; in Subsection E, added Paragraphs (1) and (2); in Paragraph (3) of Subsection E, deleted "reasonable and necessary" before "medical"; in Subsection E, deleted former Paragraph (2), which required the court to find that the obligor has the financial resources to contribute to the payment of medical and dental expenses; and added Subsection F.
The 2007 amendment, effective June 15, 2007, required the court to determine parents to be medical support obligors based on the listed criteria; eliminated references to dental insurance coverage; and added Subsection B.
The 2003 amendment, effective April 8, 2003, substituted "employment-related or other group health care insurance plan" for "employer or union" at the end of Paragraphs A(2) and C(1); and inserted "coverage" following " health insurance" in Subsection B and Paragraph C(1).
