23-4,123. Same; failure to maintain coverage. - Kansas Statutes

23-4,123

Chapter 23.--DOMESTIC RELATIONS Article 4.--ENFORCEMENT OF SUPPORT

      23-4,123.   Same; failure to maintain coverage.(a) Except for good cause shown, the obligee shall be grantedjudgment against the obligor if: (1) The obligor was subject to a medicalsupport order for a child; (2) under the Kansas child support guidelines theobligor received credit toward a cash child support obligation based uponhealth benefit premiums to be paid by the obligor; and (3) the anticipatedpremiums were not paid in full by the obligor because of the obligor's delay orfailure in obtaining health benefit coverage for the child or the obligor'sfailure to maintain health benefit coverage for the child.

      (b)   The amount of the judgment shall include the lesser of: (1) Actual costsincurred by the obligee for substantially similar health benefits; or (2) thedifference between the actual amount of the cash child support order and theamount the cash child support order would have been without the credit forunpaid premiums and with any premiums paid by the obligee for substantiallysimilar health benefit coverage.

      (c)   Failure to obtain or maintain health benefit coverage as ordered, forwhatever reason, shall be a material change of circumstances justifyingmodification of the order for support if credit has been given for healthbenefit premiums which were not paid timely.

      History:   L. 1994, ch. 301, § 18; July 1.