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H. B. No. 178 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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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;
(c) Household utility payments, including expenses for heating, cooling, electric, water, and one telephone;
(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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