TITLE 32

DOMESTIC RELATIONS

CHAPTER 12

MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT

32-1214B.  Definitions. For the purposes of this chapter, the following definitions apply:

(1)  "Child" means any child including an adopted minor child, of a participant in a health benefit plan, recognized under a medical child support order as having a right to enrollment under a health benefit plan.

(2)  "Department" means the department of health and welfare.

(3)  "Health benefit plan" means a group or individual health benefit plan or combination of plans, other than public assistance programs, that provides medical care or benefits for a child.

(4)  "Insurer" means every person engaged as indemnitor, surety or contractor in the business of entering into contracts of insurance or annuity.

(5)  "Medical child support order" means any order, including those that meet the requirements of 29 U.S.C. section 1169, or notice issued by either a court or administrative agency that requires a plan administrator, or if none, the employer, to enroll an eligible child in a health benefit plan.

(6)  "Obligee" means a party or parent other than the parent ordered to carry or provide a health benefit plan for the parties’ minor child.

(7)  "Obligor" means the parent ordered by the court to carry or provide health insurance benefits for the parties’ minor child.

(8)  "Party" means the department, grandparent or any person who is the custodian, other than the parent who owes a duty of medical support.

(9)  "Plan administrator" means a person or entity, designated under the terms of the health benefit plan or health insurance policy or related contract or agreement, responsible for the administration of plan duties. If no plan administrator is designated under the terms of the policy, contract or agreement, the plan administrator is the plan sponsor.

(10) "Plan sponsor" means an employer, employee organization, association, committee, joint board of trustees, or other similar group, including a state or local government agency or church, that establishes or maintains an employee benefit plan.

(11) "Reasonable cost" means the cost to the obligor does not exceed five percent (5%) of his or her gross income.

History:

[32-1214B, added 2003, ch. 304, sec. 3, p. 834; am. 2005, ch. 101, sec. 1, p. 320; am. 2008, ch. 328, sec. 3, p. 900.]