40-5-805. Establishing medical support orders. (1) In an action or proceeding to establish a child support order, whether temporary or final, or to modify an existing child support order, the tribunal shall also establish a medical support order. In establishing a medical support order, a tribunal shall consider: (a) the best interests of the child; (b) the child's present and anticipated needs for medical care; (c) the financial ability of the parents to pay for individual insurance or a health benefit plan; and (d) the extent to which an available health benefit plan or individual insurance coverage is subsidized or reduced in cost by an employer or by participation in a plan on a group basis. (2) Except as otherwise provided in this part, a tribunal may not consider a child's eligibility for a public assistance program as a factor in determining a parent's financial ability to afford individual insurance or a health benefit plan. History: En. Sec. 5, Ch. 504, L. 1995.
Montana Legal Code
§ 40-5-805
Source: https://mca.legmt.gov/bills/mca/title_0400/chapter_0050/part_0080/section_0050/0400-0050-0080-0050.html· Version 2025