130th Ohio General Assembly
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H. B. No. 178  As Introduced
As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 178


Representatives Blessing, Harwood 

Cosponsors: Representatives Seitz, McGregor, J., Yuko, Chandler, Letson, Wagoner 



A BILL
To amend section 3119.30 of the Revised Code to define the reasonable cost of health insurance coverage in child support orders.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3119.30 of the Revised Code be amended to read as follows:
Sec. 3119.30. (A) In any action or proceeding in which a child support order is issued or modified, the court, with respect to court child support orders, and the child support enforcement agency, with respect to administrative child support orders, shall determine the person responsible for the health care of the children subject to the child support order. The determination shall be based on information provided to the court or to the child support enforcement agency under section 3119.31 of the Revised Code. The order shall include one of the following:
(A)(1) A requirement that the obligor under the child support order obtain health insurance coverage for the children if coverage is available at a reasonable cost through a group policy, contract, or plan offered by the obligor's employer or through any other group policy, contract, or plan available to the obligor and is not available for a more reasonable cost through a group policy, contract, or plan available to the obligee;
(B)(2) A requirement that the obligee obtain health insurance coverage for the children if coverage is available through a group policy, contract, or plan offered by the obligee's employer or through any other group policy, contract, or plan available to the obligee and is available at a more reasonable cost than coverage is available to the obligor;
(C)(3) If health insurance coverage for the children is not available at a reasonable cost through a group policy, contract, or plan offered by the obligor's or obligee's employer or through any other group policy, contract, or plan available to the obligor or the obligee, a requirement that the obligor and the obligee share liability for the cost of the medical and health care needs of the children, under an equitable formula established by the court, with respect to a court child support order, or the child support enforcement agency, with respect to an administrative child support order, and a requirement that if, after the issuance of the order, health insurance coverage for the children becomes available at a reasonable cost through a group policy, contract, or plan offered by the obligor's or obligee's employer or through any other group policy, contract, or plan available to the obligor or obligee, the obligor or obligee to whom the coverage becomes available immediately inform the court, with respect to a court child support order, or the child support enforcement agency, with respect to an administrative child support order;
(D)(4) A requirement that both the obligor and the obligee obtain health insurance coverage for the children if coverage is available for the children at a reasonable cost to both the obligor and the obligee and dual coverage would provide for coordination of medical benefits without unnecessary duplication of coverage.
(B)(1) For purposes of this section, in determining the "reasonable cost" of health insurance coverage, there shall be a rebuttable presumption that the reasonable cost of health insurance coverage is one that does not exceed five per cent of an individual's gross income.
(2) In determining whether health insurance coverage is available to an obligor or obligee at a reasonable cost, the court or child support enforcement agency may consider any of the factors set forth in section 3119.23 of the Revised Code and any of the following expenses:
(a) Mandatory deductions from wages;
(b) Rent or mortgage;
(c) Household utility payments, including expenses for heating, cooling, electric, water, and one telephone;
(d) Groceries;
(e) Clothing for minor children;
(f) Work-related transportation that consists of one car payment and gasoline, oil, car insurance, and maintenance relating to that vehicle;
(g) Work-related transportation expenses not included in division (B)(2)(f) of this section;
(h) Tax consequences of health insurance costs and non-covered health care expenses;
(i) Other child support orders and other orders to provide for the health care needs of a child;
(j) Any other expenses or circumstances considered appropriate by the court.
Section 2.  That existing section 3119.30 of the Revised Code is hereby repealed.
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