§ 3761 Child Health Insurance Enrollment

This law says that if a parent is ordered by the court to provide health insurance for their child, the court can make the parent's employer sign the child up for the insurance and take the cost out of the parent's paycheck.

Key Takeaways

•If a parent is ordered to provide health insurance for their child but doesn't, the court can make the parent's employer sign the child up for the insurance.
•The cost of the insurance can be taken out of the parent's paycheck.
•The parent must be given a written notice at least 15 days before the request is made to the court.
•There's a limit to how much can be taken from the parent's paycheck for all obligations, including health insurance.

Example

A dad is ordered by the court to provide health insurance for his child but doesn't do it.

The mom or the local child support agency can ask the court to make the dad's employer sign the child up for the dad's health insurance and take the cost out of the dad's paycheck.

How to Calculate

The total amount that can be taken from the parent's paycheck is limited by the smaller of two amounts: the limit set by California law (Section 706.052 of the Code of Civil Procedure) or the limit set by federal law (Section 1673 of Title 15 of the United States Code).

Find the limit set by California law (Section 706.052 of the Code of Civil Procedure).
Find the limit set by federal law (Section 1673 of Title 15 of the United States Code).
Compare the two limits and choose the smaller one.

A parent's paycheck is $1000.

Result: The total amount that can be taken from the parent's paycheck is $500, because it's the smaller of the two limits.

(a) Upon application by a party or local child support agency in any proceeding where the court has ordered either or both parents to maintain health insurance coverage under Article 1 (commencing with Section 3750), the court shall order the employer of the obligor parent or other person providing health insurance to the obligor to enroll the supported child in the health insurance plan available to the obligor through the employer or other person and to deduct the appropriate premium or costs, if any, from the earnings of the obligor unless the court makes a finding of good cause for not making the order. (b) (1) The application shall state that the party or local child support agency seeking the assignment order has given the obligor a written notice of the intent to seek a health insurance coverage assignment order in the event of a default in instituting coverage required by court order on behalf of the parties’ child and that the notice was transmitted by first-class mail, postage prepaid, or personally served at least 15 days before the date of the filing of the application for the order. The written notice of the intent to seek an assignment order required by this subdivision may be given at the time of filing a petition or complaint for support or at any later time, but shall be given at least 15 days before the date of filing the application under this section. The obligor may at any time waive the written notice required by this subdivision. (2) The party or local child support agency seeking the assignment order shall file a certificate of service showing the method and date of service of the order and the statements required under Section 3772 upon the employer or provider of health insurance. (c) The total amount that may be withheld from earnings for all obligations, including health insurance assignments, is limited by subdivision (a) of Section 706.052 of the Code of Civil Procedure or Section 1673 of Title 15 of the United States Code, whichever is less. (Amended by Stats. 2000, Ch. 808, Sec. 31. Effective September 28, 2000.)

Key Takeaways

•If a parent is ordered to provide health insurance for their child but doesn't, the court can make the parent's employer sign the child up for the insurance.
•The cost of the insurance can be taken out of the parent's paycheck.
•The parent must be given a written notice at least 15 days before the request is made to the court.
•There's a limit to how much can be taken from the parent's paycheck for all obligations, including health insurance.

Example

A dad is ordered by the court to provide health insurance for his child but doesn't do it.

The mom or the local child support agency can ask the court to make the dad's employer sign the child up for the dad's health insurance and take the cost out of the dad's paycheck.

How to Calculate

Find the limit set by California law (Section 706.052 of the Code of Civil Procedure).
Find the limit set by federal law (Section 1673 of Title 15 of the United States Code).
Compare the two limits and choose the smaller one.

A parent's paycheck is $1000.

Result: The total amount that can be taken from the parent's paycheck is $500, because it's the smaller of the two limits.

Key Takeaways

Example

How to Calculate

Key Terms

References

§ 3761 Child Health Insurance Enrollment

Key Takeaways

Example

How to Calculate

Key Terms

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References