Section 3765 Of Article 2. Health Insurance Coverage Assignment From California Family Law Code >> Division 9. >> Part 1. >> Chapter 7. >> Article 2.
3765
. (a) The obligor may move to quash a health insurance coverage
assignment order as provided in this section if the obligor declares
under penalty of perjury that there is error on any of the following
grounds:
(1) No order to maintain health insurance has been issued under
Article 1 (commencing with Section 3750).
(2) The amount to be withheld for premiums is greater than that
permissible under Article 1 (commencing with Section 3750) or greater
than the amount otherwise ordered by the court.
(3) The amount of the increased premium is unreasonable.
(4) The alleged obligor is not the obligor from whom health
insurance coverage is due.
(5) The child is or will be otherwise provided health care
coverage.
(6) The employer's choice of coverage is inappropriate.
(b) The motion and notice of motion to quash the assignment order,
including the declaration required by subdivision (a), shall be
filed with the court issuing the assignment order within 15 days
after delivery of a copy of the order to the obligor pursuant to
subdivision (b) of Section 3764. The court clerk shall set the motion
for hearing not less than 15 days, nor more than 30 days, after
receipt of the notice of motion. The clerk shall, within five days
after receipt of the notice of motion, deliver a copy of the notice
of motion to (1) the district attorney personally or by first-class
mail, and (2) the applicant and the employer or other person
providing health insurance, at the appropriate addresses contained in
the application, by first-class mail.
(c) Upon a finding of error described in subdivision (a), the
court shall quash the assignment.