{"data":{"id":"us-ok/okla.-stat.-tit.-43-43-118f","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43, § 43-118F","heading":"Medical support order for health care coverage","body":"A. The court shall enter a medical support order for health\n\ncare coverage in any case in which an ongoing child support order is\n\nentered or modified. Medical support, for the purpose of this\n\nsection, is defined as health care coverage, cash medical support,\n\nor a combination of both. For the purposes of this section:\n\n1. \"Health care coverage\" includes:\n\na. fee for service,\n\nb. health maintenance organization,\n\nc. preferred provider organization,\n\nd. other types of private health insurance,\n\ne. government medical assistance program or health plan,\n\nf. Indian Health Services, and\n\ng. Defense Eligibility Enrollment Reporting System\n\n(DEERS).\n\n2. \"Cash medical support\" means:\n\na. an amount ordered to be paid toward the cost of health\n\ncare coverage provided by a public entity, parent, or\n\nby a person other than the parents, or\n\nb. fixed periodic payments for ongoing medical costs.\n\nB. In entering a temporary order, the court shall order that\n\nany health care coverage in effect for the child continue in effect\n\npending the entering of a final order, unless the court finds that\n\nthe existing health care coverage is not reasonable in cost or is\n\nnot accessible as defined in subsection D of this section. If there\n\nis no health care coverage in effect for the child or if the health\n\ncare coverage in effect is not available at a reasonable cost or is\n\nnot accessible, the court shall order health care coverage for the\n\nchild as provided in this section, unless the court makes a written\n\nfinding that good cause exists not to enter a temporary medical\n\nsupport order.\n\nC. On entering a final order, the court shall:\n\n1. Make specific orders with respect to the manner in which\n\nhealth care coverage is to be provided for the child; and\n\n2. Require the parent ordered to provide health care coverage\n\nfor the child as provided under this section to produce evidence to\n\nthe court's satisfaction that the parent has applied for or secured\n\nhealth care coverage or has otherwise taken necessary action to\n\nprovide for health care coverage for the child, as ordered by the\n\ncourt.\n\nD. When the court enters a medical support order, the medical\n\nsupport order shall be reasonable in cost and accessible.\n\n1. \"Reasonable in cost\" means that the pro rata share of the\n\nactual premium cost for the child or children paid by the insured\n\ndoes not exceed five percent (5%) of the gross income of the\n\nresponsible parent. To calculate the actual premium cost of the\n\nhealth insurance, the court shall:\n\na. deduct from the total insurance premium the cost of\n\ncoverage for the parent and any other adults in the\n\nhousehold,\n\nb. divide the remainder by the number of dependent\n\nchildren being covered, and\n\nc. multiply the amount per child by the number of\n\nchildren in the child support case under\n\nconsideration.\n\n2. \"Accessible health care coverage\" means that:\n\na. there are available providers appropriate to meet the\n\nprimary individual health care needs of the children\n\nno more than sixty (60) miles one way from the primary\n\nresidence of the children.\n\nb. If a parent has available health care coverage which\n\nincludes an option that would be accessible to the\n\nchild, but the parent has not currently enrolled in\n\nthat option, the court may require the parent to\n\nchange existing coverage to an option that is\n\naccessible to the child.\n\n3. If the parties agree or the court finds good cause exists,\n\nthe court may order health care coverage in excess of the five\n\npercent (5%) cost standard or the sixty-mile distance standard.\n\nE. The court shall consider the cost and quality of health care\n\ncoverage available to the parties. If both parents have health care\n\ncoverage available, the court shall give priority to the preference\n\nof the custodial person, unless it is not in the best interest of\n\nthe child.\n\nF. Cash medical support.\n\n1. The responsible parent shall be ordered to pay cash medical\n\nsupport when:\nnce standard.\n\nE. The court shall consider the cost and quality of health care\n\ncoverage available to the parties. If both parents have health care\n\ncoverage available, the court shall give priority to the preference\n\nof the custodial person, unless it is not in the best interest of\n\nthe child.\n\nF. Cash medical support.\n\n1. The responsible parent shall be ordered to pay cash medical\n\nsupport when:\n\na. there is no health care plan available for the child,\n\nb. the only health care plan available for the child is a\n\ngovernmental medical assistance program or health\n\nplan, or\n\nc. a party shows reasonable evidence of domestic violence\n\nor child abuse, such that an order for health care\n\ncoverage is inappropriate and the disclosure of\n\ninformation could be harmful to a party, custodian, or\n\nchild.\n\n2. The cash medical support order shall not exceed the pro rata\n\nshare of the actual monthly medical expenses paid for the child, or\n\nfive percent (5%) of the gross monthly income of the obligor,\n\nwhichever is less.\n\n3. a. In determining the actual monthly medical costs for\n\nthe child, the court shall determine:\n\n(1) for children who are participating in a\n\ngovernment medical assistance program or health\n\nplan, an amount consistent with rules promulgated\n\nby the Oklahoma Health Care Authority determining\n\nthe rates established for the cost of providing\n\nmedical care through a government medical\n\nassistance program or health plan, or\n\n(2) for children who are not participating in a\n\ngovernment medical assistance program or health\n\nplan, an amount consistent with rules promulgated\n\nby the Department of Human Services determining\n\nthe average monthly cost of health care for\n\nuninsured children.\n\nb. The court may also consider:\n\n(1) proof of past medical expenses incurred by either\n\nparent for the child,\n\n(2) the current state of the health of the child, and\n\n(3) any medical conditions of the child that would\n\nresult in an increased monthly medical cost.\n\nG. An order requiring the payment of cash medical support under\n\nsubsection F of this section shall allow the obligor to terminate\n\npayment of the cash medical support if:\n\n1. Accessible health care coverage for the child becomes\n\navailable to the obligor at a reasonable cost; and\n\n2. The obligor:\n\na. enrolls the child in the insurance plan, and\n\nb. provides the obligee and, in a Title IV-D case, the\n\nTitle IV-D agency, the information required under\n\nparagraph 2 of subsection C of this section.\n\nIn Title IV-D cases, termination and reinstatement of cash\n\nmedical support shall be according to rules promulgated by the\n\nDepartment of Human Services.\n\nH. 1. The actual health care premium for the child shall be\n\nallocated between the parents in the same proportion as their\n\nadjusted gross income and shall be added to the base child support\n\nobligation.\n\n2. If the obligor pays the health care premium, the obligor\n\nshall receive credit against the base child support obligation for\n\nthe allocated share of the health care premium for which the obligee\n\nis responsible.\n\n3. If the obligee pays the health care premium, the obligor\n\nshall pay the allocated share of the health care premium to the\n\nobligee in addition to the base child support obligation.\n\n4. The parent providing the health care coverage shall furnish\n\nto the other parent and to the Child Support Enforcement Division of\n\nthe Department of Human Services, if services are being provided\n\npursuant to Title IV, Part D of the Social Security Act, 42 U.S.C.\n\nSection 601 et seq., with timely written documentation of any change\n\nin the amount of the health care cost premium, carrier, or benefits\n\nwithin thirty (30) days of the date of the change. Upon receiving\n\ntimely notification of the change of cost, the other parent is\n\nresponsible for his or her percentage share of the changed cost of\n\nthe health care coverage.\nthe Social Security Act, 42 U.S.C.\n\nSection 601 et seq., with timely written documentation of any change\n\nin the amount of the health care cost premium, carrier, or benefits\n\nwithin thirty (30) days of the date of the change. Upon receiving\n\ntimely notification of the change of cost, the other parent is\n\nresponsible for his or her percentage share of the changed cost of\n\nthe health care coverage.\n\n5. If the court finds that the obligor has underpaid child\n\nsupport due to changes in the cost of health care coverage, the\n\namount of underpayment may be established as a judgment by the court\n\nand enforced in the same manner as any other delinquent child\n\nsupport judgment. If the court finds that the obligor has overpaid\n\ndue to changes in health care coverage cost, the overpayment shall\n\nbe satisfied:\n\na. by offset against any past-due child support owed to\n\nthe obligee, or\n\nb. by adjustment to the future child support amount over\n\na thirty-six-month period, unless the court finds that\n\na thirty-six month period is not in the best interest\n\nof the child.\n\nI. Reasonable and necessary medical, dental, orthodontic,\n\noptometric, psychological, or any other physical or mental health\n\nexpenses of the child incurred by either parent and not paid or\n\nreimbursed by insurance or included in a cash medical support order\n\npursuant to subsection F of this section shall be allocated in the\n\nsame proportion as the adjusted gross income of the parents, unless\n\nthe parents agree to a different allocation of expenses and the\n\ncourt finds such allocation is in the best interest of the child.\n\nIf reimbursement is required for a health care expense not included\n\nin the current monthly child support obligation, the parent who\n\nincurs the expense shall provide the other parent with proof of the\n\nexpense within forty-five (45) days of receiving the Explanation of\n\nBenefits from the insurance provider or other proof of the expense\n\nif the expense is not covered by insurance. The parent responsible\n\nfor reimbursement shall pay his or her portion of the expense within\n\nforty-five (45) days of receipt of documentation of the expense.\n\nJ. In addition to any other sanctions ordered by the court, a\n\nparent incurring uninsured dependent health expenses or increased\n\ninsurance premiums may be denied the right to receive credit or\n\nreimbursement for the expense or increased premium if that parent\n\nfails to comply with subsections H and I of this section.\n\nK. The parent desiring an adjustment to the ongoing child\n\nsupport order due to a change in the amount of dependent health\n\ninsurance premium shall initiate a review of the order in accordance\n\nwith Section 118I of this title.","path":["OK Code","Title 43"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"b65636bbf8e3788f7f103fe87f3d7a6256ecf1981401bb763faffc7568ee7413","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43-43-118e","next":"us-ok/okla.-stat.-tit.-43-43-118g"},"notice":"GroundRules: Original legal text. Not legal advice."}