Effective - 26 May 1993
454.633. Failure to maintain coverage, liability, effect — parents' joint liability for medical care — action to collect percentage. — 1. An obligor who fails to maintain the health benefit plan coverage for the benefit of a minor child as ordered pursuant to sections 454.600 to 454.645 shall be liable to the obligee or to the state of Missouri for any medical and dental expenses or health benefit plan employee contributions or premiums incurred or paid by the obligee or the state, from the date of the court or administrative order.
2. Proof of failure to maintain health benefit plan coverage as ordered constitutes a showing of increased need by the obligee and provides a basis for an increase of the obligor's child support order.
3. As between a health care provider and the parents of a child, the parents shall be jointly and severally liable to the provider for the reasonable costs of the child's necessary medical care. As between parents, responsibility for the child's care expenses that are not covered by a health benefit plan may be equitably apportioned between the parents by the court or the division, in percentage shares based on their income, or based on a written agreement of the parties. If the order or agreement fails to designate the shares applicable to the parents, then each parent shall be liable for fifty percent of such expenses.
4. The director is hereby authorized to bring an action in circuit court on behalf of the custodial parent to collect from the obligor the appropriate percentage share of medical care expenses which were paid by the obligee and were not covered by a health care benefit plan.
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(L. 1993 S.B. 253 § 14)
Effective 5-26-93