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UPDATED: JUNE 2010

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OTHER ELIGIBILITY REQUIREMENTS LEGALLY RESPONSIBLE RELATIVES (LRRs) PARENTS AND CHILDREN

IV-D REQUIREMENTS

Under the Family Court Act (FCA), support orders must require legally responsible relatives to make use of any health insurance coverage available to cover the child on whose behalf a child support petition is brought. The cost of providing such health insurance for the child is prorated between the parents.

If neither parent has health insurance available, the FCA requires the court to direct the custodial parent to apply for Medicaid or Child Health Plus for the child. If the child is eligible for one of those programs, the parents’ obligation is to pay the cost of any required premium or family contribution, such as co-payments, that are the responsibility of the recipient under the Medicaid or Child Health Plus programs, which cost shall be prorated between the parents. The court also has the ability to order cash medical support when no health insurance is available by applying a formula.

A direction by the court to seek Medicaid or Child Health Plus for the child does not eliminate the parents’ obligation to utilize for the child’s benefit any health insurance coverage that may subsequently become available.

References: SSL Sect.

111

366.3

366.4(h)

367-a.2(b)

Dept. Reg.

369.2(b)

360-4.3(f)

360-7.11

441.2 (MRG)