West Virginia Code § 48-12-116

Child is eligible for coverage until emancipated; remedies available if
Open in Lexace · Ask the AI about this section
obligated parent fails to provide ordered coverage; failure to maintain coverage is
basis for modification of support order.
(a) A child of an obligated parent shall remain eligible for insurance coverage until the child
is emancipated or until the insurer under the terms of the applicable insurance policy
terminates said child from coverage, whichever is later in time, or until furteher order of the
court.
(b) If the obligated parent fails to comply with the order to provide insurance coverage for
the child, the court shall: u
(1) Hold the obligated parent in contempt for failing or refusing to provide the insurance
coverage or for failing or refusing to provide the information required in subdivision (4) of
this subsection;
(2) Enter an order for a sum certain against the oblligated parent for the cost of medical care
for the child and any insurance premiums paids or provided for the child during any period in
which the obligated parent failed to provide the required coverage;
(3) In the alternative, other enforcement remedies available under sections 14-2, 14-3 and
14-4 of this chapter, or otherwise available under law, may be used to recover from the
obligated parent the cost of medical care or insurance coverage for the child;
(4) In addition to other remedies available under law, the Bureau for Child Support
enforcement may initiate an income withholding against the wages, salary or other
employment income of, and withhold amounts from state tax refunds to any person who:
(A) Is requiredV by court or administrative order to provide coverage of the cost of health
services to a child; and
(B) Has received payment from a third party for the costs of the services but has not used
the payments to reimburse either the other parent or guardian of the child or the provider of
the services, to the extent necessary to reimburse the state Medicaid agency for its costs:
Provided, That claims for current and past due child support shall take priority over these
claims.
(c) Proof of failure to maintain court ordered insurance coverage for the child constitutes a
showing of substantial change in circumstances or increased need, and provides a basis for
modification of the child support order.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.