Notice to obligor, contents
When a parent is ordered to get health insurance for their child through a job or union, the court or state agency mails that parent a notice. The notice explains what the order requires, names the child, and tells the parent they have 30 days to fight the order in writing if there was a mix-up about who the parent is, or if the parent already had similar insurance before the order was sent. If the parent contests the order, a hearing happens within 45 days.
454.609. Notice to , contents — grounds for ing, . — 1. At the same time an employer or union notice is sent section 454.606, the or the , as , shall send a notice to the obligor by any form of mail to the obligor's last known address. The contained in that notice shall include:
(1) A statement that the parent has been directed to provide and maintain for the of a child;
(2) The name and date of birth of the minor child;
(3) A statement that the for health benefit coverage applies to current and subsequent periods of ;
(4) A statement that the parent may within thirty days of the mailing date of the or notice submit a written contest to the on the grounds that the withholding is not proper because of or because the obligor provides other insurance that was obtained prior to of the withholding order or notice that is to the available through the employer or union or nonemployer or nonunion group;
(5) A statement that if the obligor contests the withholding, the obligor shall be afforded an opportunity to present his or her case to the court or the division within thirty days of receipt of the notice of contest;
(6) A statement of exemptions which may apply to limit the portion of the 's which are subject to the withholding under federal or state law;
(7) The Social number of the obligor, if available;
(8) A statement that state law prohibits employers from retaliating against an obligor under an order to provide health benefit plan coverage and that the court or the division should be contacted if the obligor has been retaliated against by his or her employer as a result of the order for health benefit plan coverage.
2. The only grounds to contest a withholding order or notice for health benefit plan coverage sent to an employer or union shall be mistake of fact or that the obligor obtained other insurance prior to issuance of the withholding order or notice that is comparable to the health benefit plan available through the employer or union, or nonemployer or nonunion group. For purposes of sections 454.600 to 454.645, "mistake of fact" means an error as to the identity of the obligor.
3. If the obligor contests the withholding order or notice for health plan coverage because of mistake of fact or because the obligor obtained comparable insurance prior to issuance of the withholding order or notice, the court or the shall hold a hearing, enter an order disposing of all issues disputed by the obligor and notify the obligated party of the and date, within forty-five days of the date of receipt of the obligated party's notice of contest.
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Source & history notes
(L. 1993 S.B. 253 § 6, A.L. 2002 S.B. 923, et al.)
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