West Virginia Code § 48-12-102

Court-ordered medical support
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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 prior order establishing an award of child support, the
court shall address the provision of medical support through one or more ofe the following
methods:
(1) The court shall determine whether appropriate medical insurance coverage as defined in
section one hundred one of this article is available to either pareunt. If such insurance
coverage exists, the court shall order the appropriate parent to enroll the child in that
coverage and the cost of providing appropriate medical insutrance shall be entered on line 5b
of worksheet A for the basic shared parenting child support calculation as provided in
section two hundred four, article thirteen of this code or line 12b of worksheet B for the
extended shared parenting child support calculation as provided in said section.
(2) If the court does not include the cost of thes medical insurance in the child support
calculation, the court may order the other parent to contribute to the cost of the premium
through an award of medical support. If the amount of the award of child support in the
order is determined using the child gsupport guidelines, the court shall order that
nonrecurring or subsequently occurring uninsured medical expenses in excess of $250 per
year per child shall be separateely divided between the parties in proportion to their adjusted
gross incomes.
(3) If neither parent currently has access to appropriate medical insurance coverage, the
court shall take the following actions:
(a) The court shall order the parties to provide appropriate medical insurance coverage if it
becomes available in the future; and
(b) The court shall order the payment of cash medical support by either or both parties. The
amount of the cash medical support to be awarded is within the discretion of the court but
the total of the cash medical support and cost of the insurance premiums shall not exceed
five percent of the payor's gross income.
(c) In setting a cash medical support award, the court may consider the costs of uncovered
medical expenses for the child, the relative percentages of the parties' incomes or the cost to
the government to provide medical coverage for the child.
(d) If the support obligor's adjusted gross income is less than two hundred percent of the
federal poverty level, the court shall set the cash medical support amount at zero.
(e) Cash medical support shall be collected and enforced in the same manner as child
support payments.
(4) The order shall require the obligor to continue to provide the Bureau for Child Support
Enforcement with information as to his or her employer's name and address and information
as to the availability of employer-related insurance programs providing medical care
coverage so long as the child continues to be eligible to receive support.

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