SDCL 27-7-6.16 provides that the court shall enter an order addressing how the child's health care needs will be met by medical support to be provided by one or both of the parents. The medical support order shall include a provision for medical insurance if the insurance is accessible for the child(ren) and available to a parent at a reasonable cost. Medical insurance is considered accessible if a medical insurance benefit plan is available and provides coverage for the child residing within the geographic area covered by the insurance policy. Medical insurance is considered reasonable in cost if the cost attributable to the child(ren) is equal to or less than 8 percent of the parent's net income and the amount is specified in the order for support.
The Division of Child Support will only enforce health insurance if it 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 in work where the employers usually do not provide insurance. For insurance enrollment purposes, Medicaid is not considered satisfactory health insurance.
A parent may obtain a standardized form from the clerk of court, referee or Division of Child Support to request reimbursement of the other parent's proportionate share of medical or health care costs for the child not covered by insurance.
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.
Forms to initiate a small claims action may be obtained from the clerk of court. You must provide a written, signed, and notarized statement describing how the loss or damage occurred. This statement, along with supporting documents (receipts, cost estimates, etc) and the addresses 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.