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The court order may specify one of the parents to maintain health insurance coverage. Generally, the noncustodial parent will be required to obtain health insurance, unless the custodial parent has insurance available.
The Division of Child Support only enforces health insurance if the insurance is available through the noncustodial parent’s employer. The custodial parent may prefer to obtain insurance if the noncustodial parent is self-employed or is employed in work whereby the employers usually do not provide insurance.
Medicaid is not considered satisfactory health insurance.
The custodial parent may obtain a standardized form from the clerk of court, referee or Division of Child Support to request reimbursement of any medical or health care costs from the responsible parent.
If the responsible parent does not reimburse the other parent, a small claims action may be initiated by the parent, guardian or other custodian to obtain a judgment against the responsible parent to collect unreimbursed medical or health care costs from the responsible parent.
Forms to initiate a small claims action may be obtained from the clerk of court. You must provide a written statement, signed and notarized, describing how the loss or damage occurred. This statement, along with supporting documents (receipts, cost estimates, etc) and the address of the parties, must be filed with the clerk of court. The fee for starting the action, and the postage and service cost required, may be added to the damages claimed against the defendant. The DIvision of Child Support does not initiate the small claims action.
For more information on initiating a small claims action, see the South Dakota Unified Judicial System’s Site.