Are there any limits on the amount an obligated parent may be required to pay for health insurance premiums?
(1) The National Medical Support Notice (NMSN) advises the employer of any limitations on the amount an obligated parent may be required to pay for health insurance premiums to cover the children.
(2) Often the support order which contains the health insurance obligation determines the limitation on premium amounts, or states that there is no limitation. See WAC
388-14A-4100 for a discussion of premium limitation amounts.
(3) The premium limitation amount stated in the NMSN:
(a) Describes the premium amount required to cover the children named in the notice; and
(b) May include any amounts required to cover the obligated parent, if DCS requires the employer or plan administrator to enroll the obligated parent in a health care coverage plan in order to obtain coverage for the obligated parent's children.
(4) Even if the medical insurance premium is within the limits set by the order or by WAC
388-14A-4100, the fifty percent limitation on withholding found in RCW
26.23.060(3) still applies. See WAC
388-14A-4165 for a description of what happens when the fifty percent limitation is exceeded.
(5) When calculating the fifty percent limitation for withholding purposes:
(a) The premium attributable to coverage for the children is always included in this calculation; but
(b) The premium attributable to coverage for the obligated parent is included only when DCS requires the employer or plan administrator to enroll the obligated parent in a health insurance plan in order to obtain coverage for the obligated parent's children. See also WAC
388-14A-4165(3).
[Statutory Authority: Part I of 2018 c 150 and RCW
26.09.105,
26.18.170,
26.23.050,
34.05.220 (1)(a),
34.05.350(1),
74.08.090, and
74.20.040(9). WSR 19-02-017, § 388-14A-4160, filed 12/21/18, effective 1/21/19. Statutory Authority: 2007 c 143, §§ 1, 2, 3, 4, 5, 7, 8, and 9. WSR 08-12-029, § 388-14A-4160, filed 5/29/08, effective 7/1/08. Statutory Authority: RCW
74.08.090,
74.20A.310, and
26.18.170, 42 U.S.C. 666 (a)(19), Child Support Performance and Incentives Act of 1998, 45 C.F.R. 303.31, and 45 C.F.R. 303.32. WSR 04-17-119, § 388-14A-4160, filed 8/17/04, effective 9/17/04.]