2023 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 care coverage that meets or exceeds the minimum standards required under the Mandatory Medical Support Act;
(2) the availability of health care coverage through an employment-related or other group health and dental care coverage plan; and
(3) the availability of health care coverage through a public entity when either parent meets eligibility requirements.
B. When a medical support obligor is ordered to provide health care coverage, the medical support obligor shall properly name each minor child on behalf of whom medical support is owed as an eligible dependent enrolled in health care coverage.
C. The court may consider the impact of the cost of health care coverage on the payment of the base child support amounts in determining whether the coverage shall be ordered; provided that:
(1) the health care coverage for the minor child shall be available to the parent responsible for providing medical support at a reasonable cost;
(2) cash medical support or the cost of health care coverage for the minor child is considered reasonable in cost if the cost to the parent responsible for providing medical support does not exceed five percent of the parent's gross income; and
(3) the court shall allocate the cost of coverage between the minor child's parents by including the costs in the child support worksheet as set forth in Section 40-4-11.1 NMSA 1978.
D. The court may order the medical support obligor to obtain health care coverage for each minor child to whom medical support is owed if the court finds that health care coverage for each minor child is not available to the medical support obligor through an employment-related or other group health care coverage plan.
E. The court shall require the medical support obligor to pay cash medical support in specific dollar amounts when:
(1) the court finds that health care coverage is not available at the time an order is entered or modified and until such time that health care coverage becomes available; or
(2) the court finds that the health care 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 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 care coverage or dental care 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.
I. The court shall consider health care coverage provided by a public entity as meeting the standards required under the Mandatory Medical Support Act.
History:
Laws 1990, ch. 78, § 4; 2003, ch. 287, § 4; 2007, ch. 165, § 4; 2009, ch. 32, § 3; 2021, ch. 20, § 7; 2023, ch. 107, § 2.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, added the availability of health care coverage through a public entity when either parent meets eligibility requirements as a basis for a court to determine whether one or both parents is a medical support obligor, removed a provision requiring a court to order medical support obligors to pay cash medical support when a public entity provides health care coverage, and required a court to consider health care coverage provided by a public entity as meeting the standards required under the Mandatory Medical Support Act; in Subsection A, added Paragraph A(3); in Subsection E, deleted former Paragraph E(1) and redesignated former Paragraphs E(2) and E(3) as Paragraphs E(1) and E(2), respectively; in Subsection F, after "custodial parent", deleted "or the department"; and added Subsection I.
The 2021 amendment,
effective July 1, 2021, revised certain factors the court must examine when determining whether health care coverage shall be ordered, changed former references to "health insurance" to "health care coverage" and former references to "dental care insurance" to "dental care coverage" throughout; in Subsection B, after "eligible dependent", deleted "on such insurance" and added "enrolled in health care coverage"; and in Subsection C, added Paragraphs C(1) through C(3).
The 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).