252E.1A - ESTABLISHING AND MODIFYING ORDERS FOR MEDICAL SUPPORT.
252E.1A ESTABLISHING AND MODIFYING ORDERS FOR MEDICAL
SUPPORT.
This section shall apply to all initial or modified orders for
support entered under chapter 234, 252A, 252C, 252F, 252H, 598, 600B,
or any other applicable chapter.
1. An order or judgment that provides for temporary or permanent
support for a child shall include a provision for medical support for
the child as provided in this section.
2. The court shall order as medical support for the child a
health benefit plan if available to either parent at the time the
order is entered or modified. A plan is available if the plan is
accessible and the cost of the plan is reasonable.
a. The cost of a health benefit plan is considered
reasonable, and such amount shall be stated in the order, if one of
the following applies:
(1) The premium cost for a child to the parent ordered to provide
the plan does not exceed five percent of that parent's gross income
or the child support guidelines established pursuant to section
598.21B specifically provide an alternative income-based numeric
standard for determining the reasonable cost of the premium, in which
case the reasonable cost of the premium as determined by the standard
specified by the child support guidelines shall apply.
(2) The premium cost for a child exceeds the amount specified in
subparagraph (1) and that parent consents or does not object to entry
of that order.
b. For purposes of this section, "gross income" has the
same meaning as gross income for calculation of support under the
guidelines established under section 598.21B.
c. For purposes of this section, "the premium cost for a
child to the parent" ordered to provide the plan means the amount
of the premium cost for family coverage to the parent which is in
excess of the premium cost for single coverage, regardless of the
number of individuals covered under the plan. However, this
paragraph shall not be interpreted to reduce the amount of the health
insurance premium deduction a parent may be entitled to when
calculating the amount of a child support obligation under Iowa court
rule 9.5 of the child support guidelines.
3. If a health benefit plan is not available at the time of the
entry of the order, the court shall order a reasonable monetary
amount in lieu of a health benefit plan, which amount shall be stated
in the order. For purposes of this subsection, a reasonable amount
means five percent of the gross income of the parent ordered to
provide the monetary amount for medical support or, if the child
support guidelines established pursuant to section 598.21B
specifically provide an alternative income-based numeric standard for
determining the reasonable amount, a reasonable amount means the
amount as determined by the standard specified by the child support
guidelines. This subsection shall not apply in any of the following
circumstances:
a. If the parent's monthly support obligation established
pursuant to the child support guidelines prescribed by the supreme
court pursuant to section 598.21B is the minimum obligation amount.
If this paragraph applies, the court shall order the parent to
provide a health benefit plan when a plan becomes available for which
there is no premium cost for a child to the parent.
b. If subsection 7, paragraph "d", "e", or "f"
applies.
4. If the court orders the custodial parent to provide a health
benefit plan under subsection 2, the court may also order the
noncustodial parent to provide a reasonable monetary amount in lieu
of a health benefit plan. For purposes of this subsection, a
reasonable monetary amount means an amount not to exceed the lesser
of a reasonable amount as described in subsection 3, or the premium
cost of coverage for the child to the custodial parent as described
in subsection 2, paragraph "c".
5. Notwithstanding the requirements of this section, the court
may order provisions in the alternative to those provided in this
section to address the health care needs of the child if the court
determines that extreme circumstances so require and documents the
court's written findings in the order.
6. An order, decree, or judgment entered before July 1, 2009,
that provides for the support of a child may be modified in
accordance with this section.
7. If the child support recovery unit is providing services under
chapter 252B and initiating an action to establish or modify support,
all of the following shall also apply:
a. If a health benefit plan is available as described in
subsection 2 to the noncustodial parent, the unit shall seek an order
for the noncustodial parent to provide the plan.
b. If a health benefit plan is available as described in
subsection 2 to the custodial parent and not to the noncustodial
parent, the unit shall seek an order for the custodial parent to
provide the plan.
c. If a health benefit plan is available as described in
subsection 2 to each parent, and if there is an order for joint
physical care, the unit shall seek an order for the parent currently
ordered to provide a health benefit plan to provide the plan. If
there is no current order for a health benefit plan for the child,
the unit shall seek an order for the parent who is currently
providing a health benefit plan to provide the plan.
d. If a health benefit plan is not available, and the
noncustodial parent does not have income which may be subject to
income withholding for collection of a reasonable monetary amount in
lieu of a health benefit plan at the time of the entry of the order,
the unit shall seek an order that the noncustodial parent provide a
health benefit plan when a plan becomes available at reasonable cost,
and the order shall specify the amount of reasonable cost as defined
in subsection 2.
e. If a health benefit plan is not available, and the
noncustodial parent is receiving assistance or is residing with any
child receiving assistance as provided in section 252E.2A, subsection
1, paragraph "c", subparagraph (3) or (4), the unit shall seek an
order that the noncustodial parent shall provide a health benefit
plan when a plan becomes available for which there is no premium cost
for a child to the parent.
f. This section shall not apply to chapter 252H, subchapter
IV. Section History: Recent Form
2007 Acts, ch 218, §164, 187; 2008 Acts, ch 1019, §11--14, 18, 20
Referred to in § 252B.5, 598.21B, 598.21C Footnotes
For transition provisions applicable to existing child support
recovery unit rules, procedures, definitions, and requirements, and
for nullification of 441 IAC rule 98.3, see 2007 Acts, ch 218, §186