health insurance assignment order dcss 0361

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Health Insurance Assignment Order

It wasn’t bad enough that your wages were garnished. Now your employer is telling you that another chunk of your salary is going to be taken out to cover health insurance for your kids. But your kids are already covered through your ex. But your kids are already on Medical. But the cost is too high! Neither one is relevant as far your employer is concerned. As long as the cost does not go above 50% of your income, your employer HAS to add your kids to the available health insurance coverage. There is nothing you can do about it, right? Not quite.

The rule is that you have to provide health insurance as long as it is available to you at a reasonable cost. Reasonable cost did not used to be defined. However, a couple of years ago, the Family Code was amended to define it as follows: there is a “rebuttable presumption” that the cost is reasonable as long as it does not “exceed 5 percent” of your income to add the children. Family Code §3751(a)(2). So the 5% does NOT include the cost of health insurance for you. But only what it costs to add them.

You also have to note that the 5% is not a blanket rule but a rebuttable presumption. In other words, an obligor can have a higher than a 5% cost and the court can still make the obligor provide health insurance coverage. The 5% showing simply creates a presumption that the cost is unreasonable, and then the party seeking the coverage (the other parent or the DCSS) has to rebut that presumption. So, again, note that under Family Code section 3761, there is no requirement that the employer calculate the 5% for the purpose of determining whether the dependent ought to be added or not. That is a  judicial function  if the obligor objects to the cost.

Let us review your paycheck for ways to save you money!

The process to quash the health insurance assignment is to request a hearing with the court. While not that complicated, the DCSS has attorneys representing the county’s interest, it is always recommended to have an attorney on your side to dispute the health insurance assignment order. If you need help please call our office. Since it is a relatively routine process, we can provide affordable rates and possibly even flat rates to take care of this matter for you. While we are reviewing your paycheck, we can also review to see if you should file for modification.

Call us for a  free consultation . We have offices in  Riverside ,  Temecula ,  Anaheim , and  Palm Desert . Call now for an appointment with an attorney. We have  attorneys  that can handle cases in Riverside, San Bernardino, Orange and Los Angeles Counties.

• Health Insurance

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National Medical Support Notice (NMSN) FAQs

Add remove is the health insurance order different from the child support order.

Yes, the child support order is a fixed dollar amount that your employee has been ordered to pay; whereas, the health insurance order obligates the employee to enroll their dependent in a health insurance plan.

add remove Do I have to enroll the dependent(s) into a health insurance plan even if our employee declines coverage?

Yes, you are required to enroll the dependent(s) if the Non-Custodial Parent is court ordered to provide health insurance coverage.

Note:  Health insurance must be provided to the employee’s children even if the employee declines his/her own personal health coverage.

add remove What if the combined costs of the child support and health care coverage premium exceeds 50% of the employee’s disposable earnings?

Complete NMSN Employer Response (Part A), number 5 and return it to our office, along with copies of at least the previous three paystubs, within 20 business days for further review. We will review the case to determine if the employee can afford the child support payment and health care coverage.

add remove With regards to income withholding limitations in reviewing for a medical hardship, do I use either the 5% or 50% rule?

Generally, the 50% rule is used for withholdings and 5% is used for the medical hardship review; however, we will also take into account the 50% withholding rule if a Non-Custodial Party does not qualify for a hardship under the 5% rule.

add remove If my employee states their child already has health insurance coverage but has not provided proof or contacted the local child support agency, do I enroll the child into the health insurance plan?

Yes, proceed with enrolling the child unless you receive a termination notice from our office. If the employee has any questions or issues please encourage them to contact the local child support agency (LCSA).

add remove On our health insurance plan, I cannot enroll the children without the employee being enrolled.

You will need to enroll your employee and the dependent(s). However, if you believe it may cause a hardship for the employee, you may contact the local child support agency (LCSA) and request health insurance hardship review.

add remove Am I required to enroll the child(ren) when health insurance coverage is not available in the state where the child(ren) reside?

Family Code 1063(g) defines a health insurance policy inaccessible when an employer or healthcare plan administrator provides documentation the child(ren) live outside of the coverage area. Primary health care services must be within the 50-mile radius. State regulations allow the local child support agency to determine when health insurance is inaccessible.

add remove Does the 5% limitation rule only apply to the child’s premium cost?

No, it applies to the difference in cost of health coverage for the employee and the employee plus the dependent(s).

add remove We have a third-party vendor that sends out COBRA notices. Do they need to send notices to CSS?

Yes, third party vendor is required to send COBRA notices to the LCSA and the LCSA will forward the COBRA documents to the custodial parent.

add remove If my employee does not elect to have health insurance benefits through our company can they obtain their own private insurance?

Yes, the employee can obtain private health coverage for the dependent(s) as long as the health insurance carrier is not state or government funded. The employee has to submit this information to the LCSA and, if the coverage is valid, an NMSN termination will be sent to the employer.

add remove How does an employer complete the DHS 6110 form?

When the minor child(ren) will be enrolled in any dental, vision or medical insurance plan the employer must complete items 20 through 24 of the DHS 6110 form. The employer must also complete the 'Additional Health Insurance Policy Information' section and check the "Absent Parent" box (item 20).

add remove Can I contact LCSA via telephone or email to provide health insurance information instead of completing the forms?

Yes, you may contact us to provide health insurance information via telephone or email once the enrollment is complete. When communicating electronically, ensure transmission is secure.

add remove As an employer, what do I do when the insurance provider does not provide an ID card after the employees and/or child have been enrolled?

Forward that information to the LCSA and we will contact the provider to obtain the information. Sometimes, the provider provides medical information to the employee, not the employer.

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Alameda County

Department of child support services.

• Parents/Caretaker
• Forms & Resources
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• Liens & Title Companies
• About Us

Liens & Title Companies

• Demand Contacts
• Frequently Asked Questions (FAQs)

Frequently Asked Questions (FAQ)

When a title company discovers the support lien or abstract of judgment recorded by dcss, how should they contact dcss and what information do they need to request a "demand".

Submit a demand request and a copy of the abstract or lien by fax to (925) 468-9177, ATTENTION: Demand Desk. The written demand request must be submitted using your company letterhead with your telephone and fax numbers. You must include the following information:

• Your client's full name
• Social Security Number
• Date of Birth
• Driver's License Number
• Property Address
• Attach a copy of the Abstract of Support Judgment or Lien
• Attach a copy of the borrower's Authorization to Release Information form�

DCSS recommends that you submit the demand with information (Social Security Number, date of birth, CDL etc.) you received directly from your client. DCSS will perform research using the information you provide to verify the facts of any abstract or lien and then report back to you. Incomplete information may result in your request being delayed.

Why is a copy of the abstract or lien necessary?

DCSS wants to ensure that your client is the obligor named on the abstract and that our department issued the abstract or lien. Every county in the State has a child support agency and each agency files its own abstracts or liens. Although we are in the business of collecting child support we want to make sure the money we collect is actually owed on one of our cases.

How can the Title Company avoid delay at the close of escrow when they learn their client has a Judgment Lien filed by DCSS?

Abstracts and support liens do not attach to a particular piece of property so it is important to perform name searches on the parties involved in the transaction. If the Title Company waits until the end of a transaction to do this they may experience a delay. The following best practices may help avoid delays at the close of escrow:

• Start your research early!
• Ask your client if they have a child support case with DCSS, if they do there is a chance a demand will be needed.
• Check your client’s credit report. DCSS is required to report obligatory to the major credit reporting agencies.

DCSS needs to verify the abstract or support lien and then determine how much support is owed before it can issue a “demand”. We understand the urgency and will work diligently to provide a response to your demand request.

What happens when the title company discovers a judgment lien or abstract recorded against a client who is buying, selling or refinancing a piece of real property?

The title company will request a "demand" from the creditor (DCSS will be the creditor that recorded the judgment lien or abstract lien). DCSS will prepare a statement of how much is owed on the judgment. This is known as the “demand”. In the case of an on-going child support order, if the debtor is behind in his or her payments the demand will be for the amount of the support arrearage.

If there is a delay in settling the demand it is important to understand that the amount owed may change, and an updated demand may be needed. Failing to make additional payments toward child support obligations will cause the amount owed to increase.

What happens after a demand for payment is received from DCSS?

When Selling or Refinancing Property If the title company’s client is selling or refinancing property and there is sufficient money being realized by the client, that money must be applied toward the demand until the arrears have been paid in full. DCSS will send a "matured installment" if current child support continues to be owed, or a "release of lien" if the arrears have been paid and current child support is no longer being charged. These documents will be recorded by the escrow company after payment on the demand is made.

When Buying Property If the title company’s client is buying a piece of property and owes past due support, one of the following could happen:

• If the client is currently on a wage assignment and their pay history is good, DCSS may subordinate its lien in favor of the first deed of trust on the new purchase.
• If the client has a poor pay history and is not currently on a wage assignment, then DCSS will demand that the debt be paid in full.

Where should payments to be sent?

Please make all checks payable to “ALAMEDA COUNTY”. For proper identification, your client's full name and DCSS file number and Social Security number must be indicated on the face of the check.

Payment Address State Disbursement Unit P.O. Box 989067 West Sacramento, CA 95798-9067

Payment Address for Overnight Delivery Alameda County Department of Child Support Services Attn. Reception - Lobby 5669 Gibraltar Drive Pleasanton, CA 94588

If the title company’s client is current on their child support obligation and only owes future support, what process is followed?

If the title company’s client is current with their child support payments and has no past due obligations, a matured installment is sent to the escrow company in response to the demand request. This document indicates that all support obligations are paid up to date.

If a title company’s client is attempting to refinance his property to lower their interest rate and payment and isn't taking any money (equity) out of the property, will DCSS subordinate their lien in favor of the new mortgage?

This is determined on a case by case basis. If the obligor is paying regularly by wage assignment or shows a steady pay history and his/her arrearages are not excessive, DCSS will consider subordination of its lien to the new first trust deed (mortgage). Otherwise, DCSS will demand payment of the arrearages before subordination or matured installment will be issued. Occasionally if there are insufficient funds to pay the entire debt owed, a partial payment may be accepted and the remainder of the debt subordinated to the first trust deed (mortgage). DCSS legal staff will make this decision after a thorough review of the obligor's payment record and consultation with the custodial parent.

Should the title company be concerned with prior quit claimed deeds issued on the property?

Yes! California law provides that when a grantor quitclaims his interest to another party, he transfers his entire interest including all the defects and equities, which could then have been asserted against him.

This means that when the debtor quitclaimed the property interest the person who took title obtained, took it subject to the recorded lien and DCSS can still assert a support lien on that property. This frequently happens in dissolution cases, where the support obligor quitclaims the property in dissolution of marriage to the former spouse, who takes the property subject to the support liens. If the escrow you are handling involves a property where quit claimed deeds have been filed, a name search will need to be performed for the grantor of the quitclaim to avoid problems and future litigation.

Why are judgment liens filed in support cases?

DCSS is required by state regulation to file liens. Every DCSS case with a support order will have an abstract of the support order or judgment is filed with the county recorder's office in one or more counties.

This recording will occur in the county or counties where the obligor resides, works, and where his / her parents reside. Because the abstracts do not reference a specific property, they do not appear on the initial title search of the property address. They will appear during the final title search of the obligor's name and / or social security number.

Refer to the FAQ titled, ‘How can the Title Company avoid delay at the close of escrow when they learn their client has a Judgment Lien filed by DCSS?’ above for tips on determining whether an abstract of the support order or judgment exists.

Does a child support lien or abstract ever expire?

No. As long as the child support debt is owed the lien or abstract remains active. The California Civil Code exempts support judgments from renewal requirements and the support order or judgment is enforceable until paid in full. Title companies should not limit the number of years they research since there is a possibility that the client could have a child support obligation on adult children.

Alameda County Department of Child Support Services © Copyright 2014