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§ 19-11-26.Accident and sickness insurance coverage for children; order requiring medical support

Chapter 11. Enforcement of Duty of Support · Article 1. Child Support Recovery Act · Last amended 2010 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-11-26 lets Georgia’s child support agency or a court check whether a parent can get affordable health coverage for a child through work or a union, allows medical support to be added to a support order, and sets how long that order lasts.

Full Text of § 19-11-26

Text sizeJump to: (a) (b) (c) (d) (e)

(a) In all cases involving the assignment and collection of child support, or where medical assistance benefits are being provided, the department or court may determine, as a regular part of its investigation and inquiry, whether accident and sickness coverage for the child or children involved is reasonably available to a party to a court order at a reasonable cost in connection with the party’s employment or union. For purposes of this article, the term “person or entity providing access to coverage” shall mean an employer or union which offers a group insurance plan, as defined in Section 607(b) of the federal Employee Retirement Income Security Act of 1974, a health maintenance organization or a service benefit plan, or any other policy of health insurance under Title 33. If it is determined that such coverage is reasonably available in connection with the medical insurance obligor's employment or union, the department is authorized to petition for modification of any existing order of support to include the provision of such coverage, to intervene in any pending action to have such coverage included, or to include the request for such coverage in any action brought by the department.
(b) Upon petition by the department to have accident and sickness insurance coverage included, any court or administrative hearing officer having jurisdiction over the matter may include the provision of medical support in any order of support it may enter, if such medical support is found to be available to the medical insurance obligor in connection with his or her employment or union at a reasonable cost consistent with subsection (a) of this Code section.
(c) Any order requiring medical support under this Code section shall contain language notifying the medical insurance obligor that failure to provide accident and sickness insurance coverage may result in direct enforcement of the order. Any order of medical support entered or modified prior to April 1, 1994, shall be construed as a matter of law to contain this notice.
(d) Any order requiring medical support under this Code section shall remain in effect until:
(1) A further order of the court or hearing officer;
(2) The child is emancipated, if there is no express language to the contrary in the order; or
(3) Coverage is no longer available and no conversion privileges exist at a reasonable cost to continue coverage beyond the termination date of the policy.
(e) Any order requiring medical support under this Code section shall not require a plan to provide any type or form of benefit, or any option not otherwise provided under the plan, except to the extent necessary to meet the requirements of this Code section.
End

Plain-English Summary

Child support covers more than cash. In any case involving the assignment and collection of child support, or where medical assistance benefits are being provided, the department or the court may ask, as a regular part of its inquiry, whether accident and sickness coverage for the children is reasonably available to a party at a reasonable cost through the party’s employment or union. The section also defines a “person or entity providing access to coverage”: an employer or union offering a group insurance plan as defined in Section 607(b) of the federal Employee Retirement Income Security Act of 1974, a health maintenance organization, a service benefit plan, or any other health insurance policy under Title 33.

If coverage is reasonably available through the medical insurance obligor’s job or union, the department may petition to modify an existing support order to add it, intervene in a pending case to have it included, or request it in any action the department brings. On the department’s petition, a court or administrative hearing officer may include medical support in its order if it finds coverage available at a reasonable cost. Both steps are discretionary.

Every medical support order must warn the obligor that failing to provide coverage may result in direct enforcement of the order; § 19-11-27 supplies those direct-enforcement tools, including the National Medical Support Notice. Orders entered or modified before April 1, 1994, are treated as a matter of law as containing that warning. A medical support order lasts until a further order of the court or hearing officer; until the child is emancipated, unless the order expressly says otherwise; or until coverage is no longer available and no conversion privilege exists at a reasonable cost to continue it past the policy’s end. Finally, the order can’t force a plan to provide a benefit or option it doesn’t otherwise offer, except as needed to meet this section’s requirements. The section was last amended in 2010.

Frequently Asked Questions

Can a Georgia child support order require a parent to provide health insurance?

Yes. On the department’s petition, a court or administrative hearing officer may include medical support in a support order if coverage is available to the medical insurance obligor through employment or a union at a reasonable cost. The word is “may,” so the decision rests with the court or hearing officer, and it depends on a finding that coverage is available at a reasonable cost.

How long does a medical support order last in Georgia?

Until one of three events: a further order of the court or hearing officer; the child’s emancipation, unless the order expressly says otherwise; or the point when coverage is no longer available and no conversion privilege exists at a reasonable cost to continue it past the policy’s termination date. Any one of those ends the order.

Does a medical support order end when the parent’s work health insurance ends?

Not automatically. The order ends when coverage is no longer available and no conversion privileges exist at a reasonable cost to continue coverage beyond the policy’s termination date. If coverage can be converted at a reasonable cost, the order stays in effect. A further order of the court or hearing officer, or the child’s emancipation, can also end it.

Does a medical support order have to warn the parent about enforcement?

Yes. Any order requiring medical support under this section must contain language notifying the medical insurance obligor that failing to provide accident and sickness coverage may result in direct enforcement of the order. Orders entered or modified before April 1, 1994, are treated as a matter of law as containing that notice, even if their text doesn’t include it.

Can the state ask to add health insurance to my existing child support order?

Yes. If the department finds that coverage is reasonably available through the medical insurance obligor’s employment or union, it is authorized to petition to modify an existing support order to include the coverage. It may also intervene in a pending case to have coverage included, or request coverage in any action the department brings itself.

Amendment History

Laws 1985, p. 785, § 8; Laws 1994, p. 1728, § 2; Laws 2010, Act 410, § 3, eff. July 1, 2010.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source
Also known as: medical support order georgiahealth insurance child support georgiachild health insurance order georgiaaccident and sickness coverage child support