ASSEMBLY, No. 191

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman WEINBERG

An Act concerning health insurance coverage pursuant to a child support order and supplementing chapter 34 of Title 2A of the New Jersey Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. a. Notwithstanding any provision of law to the contrary, if a non-custodial parent is required to provide health insurance coverage for a child pursuant to a child support order, the State IV-D agency or the probation department of the county in which the non-custodial parent resides, whichever has authority, shall notify the parent's employer that the child is required to be enrolled in the parent's health insurance plan pursuant to an order of the court. The notice shall be effective as an order of the court, without further order. For purposes of this section "State IV-D agency" means the agency in the Department of Human Services designated to administer the Title IV-D Child Support Program.

    The notice required pursuant to this section shall include that the State IV-D agency or the probation department may seek an order of the court compelling compliance by the employer.

    b. If the non-custodial parent's employer fails or refuses, without cause, to enroll a child in the parent's health insurance plan as required pursuant to this section, the State IV-D agency or the county probation department shall make an application to the court compelling the employer to enroll the child in the parent's health insurance plan.

    c. If the non-custodial parent's health insurance provider is unable to provide coverage for the child based on the fact that the child lives in an area not served by the plan, the non-custodial parent shall pay the additional cost for coverage of the child under the custodial parent's health insurance plan.

    d. The Supreme Court of the State of New Jersey may adopt Rules of Court appropriate or necessary to effectuate the purposes of this act.

    2. This act shall take effect immediately.

STATEMENT

    This bill requires the State IV-D agency or the probation department of the county in which a non-custodial parent lives, whichever has authority, to notify the employer of the non-custodial parent if a child support order requires the non-custodial parent to provide health insurance coverage for the child. The bill also requires that the notice must include that the State IV-D agency or the probation department may seek an order of the court compelling compliance by the employer.

    The bill also provides that if the non-custodial parent's health insurance provider is unable to provide coverage for the child based on the fact that the child lives in an area not served by the plan, the non-custodial parent must pay the additional cost of covering the child under the custodial parent's health insurance plan.

    Finally, the bill permits the Supreme Court to adopt Rules of Court to effectuate its purposes.

Requires IV-D agency or probation to notify non-custodial parent's employer when child support order includes health insurance coverage for child.