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Home » US Law » 2022 West Virginia Code » Chapter 48. Domestic Relations » Article 12. Medical Support

§48-12-102. Court-Ordered Medical Support

In every action to establish or modify an order which requires the payment of child support, the court shall ascertain the ability of each parent to provide medical care for the children of the parties. In any temporary or final order establishing an award of child support or any temporary or final order modifying a […]

§48-12-105. Employer's Obligation to Transfer Notice to Appropriate Plan

Within twenty business days after the date of receipt of the national medical support notice, the employer shall transfer the notice, excluding the severable employer withholding notice described in section 401 (b)(2)(C) of the Child Support Performance and Incentive Act of 1998, to the appropriate plan providing any health care coverage for which the child […]

§48-12-106. Notice Requirements for Certain Newly-Hired Employees

In any case in which the parent is a newly hired employee who is reported to the state directory of new hires pursuant to section 18-125 of this chapter, and if the Bureau for Child Support enforcement is currently providing services for this case, the agency shall issue, where appropriate, the national medical support notice, […]

§48-12-107. Notice Requirement Upon Termination of Parent

In any case in which the employment of the parent with any employer who received a national medical support notice is terminated, the employer is required to notify the IV-D agency of the termination, within fourteen days of the termination, and shall provide the Bureau for Child Support enforcement with the obligor's last known address […]

§48-12-112. Employer's Duties Where Court-Ordered Coverage Available

(a) Where a parent is required by a court or administrative order to provide health coverage, which is available through an employer doing business in this state, the employer is required: (1) To permit the parent to enroll under family coverage any child who is otherwise eligible for coverage without regard to any enrollment season […]

§48-12-114. Notice to Be Transferred on Parent's Change of Employment

Where an obligated parent changes employment and the new employer provides the obligated parent's health care coverage, the Bureau for Child Support enforcement shall transfer to the new employer notice of the obligated parent's duty to provide health care coverage by use of the national medical support notice.

§48-12-115. Insurer to Notify Custodian When Obligated Parent's Employment Is Terminated or Coverage Is Denied, Modified or Terminated; Explanation of Conversion Privileges; Employer to Notify Bureau of Termination

When an order for insurance coverage for a child pursuant to this article is in effect and the obligated parent's employment is terminated or the insurance coverage for the child is denied, modified or terminated, the insurer shall in addition to complying with the requirements of article sixteen-a, chapter thirty-three of this code, within ten […]

§48-12-116. Child Is Eligible for Coverage Until Emancipated; Remedies Available if Obligated Parent Fails to Provide Ordered Coverage; Failure to Maintain Coverage Is Basis for Modification of Support Order

(a) A child of an obligated parent shall remain eligible for insurance coverage until the child is emancipated or until the insurer under the terms of the applicable insurance policy terminates said child from coverage, whichever is later in time, or until further order of the court. (b) If the obligated parent fails to comply […]

§48-12-118. Failure of Employer to Comply With Medical Insurance Coverage; Penalties

For the failure of any employer, multiemployer trust or employee's union to comply with the requirements of this article the Bureau for Child Support enforcement may assess a civil penalty of not more than $100. If a court of competent jurisdiction determines that the employer, multiemployer trust or the employee's union wilfully failed to comply […]