California Code of Regulations
Title 22 - Social Security
Division 13 - Department of Child Support Services
Chapter 6 - Enforcement Actions
Subchapter 6.1 - Immediate Enforcement Actions
Article 2 - Medical Support Enforcement
Section 116116 - Serving a National Medical Support Notice-General Requirements and Timeframes

Universal Citation: 22 CA Code of Regs 116116

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) If an order requiring an obligor to provide health insurance coverage for his/her minor child(ren) exists, a local child support agency shall complete and serve a "National Medical Support Notice (NMSN)," Part A, "Notice to Withhold for Health Care Coverage," OMB 0970-0222, and Part B, "Medical Support Notice to Plan Administrator," OMB 1210-0113, on an obligor's employer, upon of receipt of employer information pursuant to the timeframes specified in Section 116100(c).

(b) A local child support agency shall specify on the National Medical Support Notice that the total amount withheld for both current support and health insurance premiums shall not exceed 50 percent of the obligor's disposable earnings, or the amount that is indicated on the court order/judgment, whichever is less. If funds are insufficient to withhold for both current support and health insurance premiums, a local child support agency shall:

(1) For Title IV-A or IV-E cases, specify that the employer withhold for current support.

(2) For non-Title IV-A cases, contact the obligee to determine whether he/she chooses to have the employer withhold for either, current support or health insurance premiums and specify the obligee's decision on the National Medical Support Notice. If the obligee does not respond within 10 days after the initial contact attempt, then the local child support agency shall specify that the employer withhold for current support.

(c) In addition to the notice specified in subsection (a), a local child support agency also shall serve the following on an obligor's employer, upon receipt of employer information pursuant to the timeframes specified in Section 116100(c):

(1) The form and notice specified in Section 116114(a)(3).

(2) A written request that the employer provide written notification to the local child support agency within 10 business days of any lapse in health insurance coverage for the minor child(ren) that includes all of the following information:

(A) The reason(s) for the lapse in health insurance coverage.

(B) Whether or not the lapse is temporary.

(3) Written notification that the employer is required to deliver a copy of the National Medical Support Notice to the obligor within 10 days of receipt of the order, along with a written statement of the obligor's rights and the procedures under the law to seek to quash such an order.

(d) The local child support agency shall serve the following pursuant to the timeframes specified in Section 116100(c) and by a method specified in 116100(d):

(1) All documents specified in this section,

(2) An income withholding order, if:

(A) A current support order and/or arrearages exist, and

(B) A current income withholding order has not already been served on the employer.

1. New section filed 10-21-2002 as an emergency; operative 10-21-2002 (Register 2002, No. 43). Pursuant to Family Code section 17306(e), a Certificate of Compliance must be transmitted to OAL by 4-21-2003 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-3-2003 as an emergency; operative 4-21-2003 (Register 2003, No. 14). Pursuant to Family Code section 17306(e), a Certificate of Compliance must be transmitted to OAL by 10-20-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-3-2003 order filed 10-17-2003; Certificate of Compliance withdrawn 12-1-2003 and repealer of section by operation of Government Code section 11346.1 (Register 2004, No. 19).
4. New section filed 5-4-2004; operative 5-4-2004 by operation of Government Code section 11343.4 (Register 2004, No. 19).

Note: Authority cited: Sections 17306, 17310, 17312 and 17512 Family Code. Reference: Section 706.052, Code of Civil Procedure; Sections 3764, 3768, 3771 and 3773, Family Code; 15 United States Code, Section 1673(b); and 45 Code of Federal Regulations, Section 303.32.

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