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Kids insurance

Dontfeedthetrolls's picture

With BM getting married we’re guessing the kids will no longer quality for state insurance under her.

 The original order said SHE is to provide insurance through her employer and SO is to cover part of the cost but now of course she’s trying to say HE has to provide it on his own. The “standard” state order says BOTH provided unless that’s not a viable option.

Well it’s not for SO. He is now TECHNICALLY covered through the VA. The court looked at his last job and they decided it wasn’t mandatory for him to carry them which is why their order says she has to.

So where do we go from here. We’re sure if the court looked at his new job they would still find him carrying insurance to be unreasonable even more so since now it would just be for the children but BM isn’t going to want to go to court. Again she’ll still be told she has to provide it through her employer so she gains nothing and if SO does start carrying insurance it gets factored into child support and she gets less money directly from him. He also then doesn’t have to cover half of their premiums through BM because he would be providing his own.

I am wondering if SO could apply for them to be under state insurance? They have joint custody with neither parent being declared custodial or primary though SO is identified as the one exercising visitation.

Comments

tog redux's picture

Well, if the CO says that BM has to provide it through her job, then she has to provide it, unless that order is changed. If she can't get it through the state, then she will have to get it through her or her new husband's job.

At least here, they look at who has the cheapest option and they have to cover the kid, with the other parent helping to pay premiums and uninsured costs.

My guess is that your SO is technically the NCP, if he's the one having "visitation".

ESMOD's picture

It would seem that she would still need to provide for it... either through her employer.. or maybe her new husband could add the kids to his plan.. it might not be that much more to add them to either plan.

Jcksjj's picture

He should be able to apply for state insurance for them, but call and check with the state to find out. If you can that might be the better option because even if the CO states BM has to provide it you have to spend money to get it enforced if she refusing to do it.

ndc's picture

We have a somewhat similar situation, as BM here is getting married and her new husband has a good income and skids won't qualify for the CHIP coverage in our state through BM's household anymore.  We're going to apply for them to have CHIP coverage through us, but we do have 50/50.  I think here you need to have 40% placement, but I'm not positive.  I would google and see if you can find your state's handbook, or give them a call.

lieutenant_dad's picture

Double-check to make sure that IF private health insurance is available through one of the parents that you aren't REQUIRED to cover them on that, too.

There was a poster on here a while ago whose DH was sent a rather large bill from Medicaid because he has private insurance while BM used Medicaid and they expected him to pay for the portion of the bill that would/should have been covered via private insurance (or something similar - and it was over $10,000 owed). The poster's DH had to show Medicaid proof that he had the kids privately insured as well and that it was BM, not him, committing fraud by not using their private insurance and listing Medicaid as secondary.

ndc's picture

Definitely! In our state, you can't get Medicaid/CHIP if private insurance through an employer is available, BUT it only applies to the parent applying (the other parent can have employer insurance available) and if the employer doesn't cover a certain percentage of the premium, you can still qualify for the state insurance. It's important to research your state's rules and requirements, because those rules differ from state to state.