Section 4-5 - Enforcement of Child and Medical Support Orders (a) In Title IV-D cases requiring enforcement, CSE may take steps necessary to enforce child and medical support orders including any remedies provided by federal or state law.
(b) In Title IV-D cases where the noncustodial parent is required to provide health care coverage pursuant to a child support order and for whom the employer is known, CSE shall enforce the provision of health care coverage for children, where appropriate, through the National Medical Support Notice (NMSN) as provided by federal or state law unless alternative coverage is allowed for in any order of the court or tribunal issuing the child support order or unless CSE has determined that satisfactory alternative coverage is currently provided for the children. - (i) Where appropriate, CSE shall transfer the NMSN to the employer within two (2) business days after an employee who is an obligor in a Title IV-D case is entered in the State Directory of New Hires. This transfer may be by electronic means.
- (ii) The obligor has 20 days from the date of receipt of the NMSN within which to request a hearing or the opportunity for a hearing may be deemed waived.
- (A) The request for hearing shall be made in writing to the court or tribunal of appropriate jurisdiction, with notice to CSE; and
- (B) The request for hearing shall state the basis upon which the hearing is requested.
- (iii) The obligor may contest the withholding based on any lawful grounds, including mistake of fact, according to the provisions of paragraph (ii) above. If the obligor contests withholding based on any lawful grounds, the employer shall initiate withholding until such time as the employer receives notice from CSE that the contest is resolved.
- (iv) The CP, in consultation with CSE, shall promptly select from available insurance plan options when the insurance plan administrator reports that there is more than one (1) option available under the plan and shall take into consideration the income withholding of, and cost to, the obligor.
- (v) The CP shall, for purposes of enforcing medical support orders in which the NCP is ordered to pay a portion of non-covered medical expenses, provide CSE with a court judgment providing for a judgment amount of non-covered medical expenses.
- (vi) CSE shall promptly notify the employer when there is no longer a current order for medical support in effect for which the Title IV-D agency is responsible.
(c) CSE shall conform with the federal regulations and state law concerning medical support including use of the NMSN where mandated.