HELP - advice please in relation to fraud
So for those of you who know the story of BM's older child not being bf's but was passed off as his for 3 years, please give advice. We are really not trying to have to get an attorney or spend any money since it shouldn't be on bf but apparently bf's health insurance cannot remove BM's older child from his insurance until they have a new birth certificate that does not list him as the father. Right now they have her birth certificate that lists him as her father so legally they cannot remove her.
So bf messages BM saying he needs a copy of the new birth certificate to do this, etc. BM still HAS NOT gotten her a new birth certificate it has been slightly over a year since she took away his rights to her. Now I worry about health insurance fraud, etc. Anyone know if I could report her somewhere to force her hand? She went on several messages saying she needs to wait till she has more money to do this and she has been trying to and she won't spend the money right before Christmas. NONE OF THIS IS BF's problem and now she's disobeying the law because last October the judge told her to do this. Please help
Edit: This is military health insurance so it does not work the same way as normal health insurance.
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I don't think your BF can be
I don't think your BF can be accused of health insurance fraud. He has provided notification that he has no rights to the child, and presumably he has no ability to get the new birth certificate himself. He has requested BM to do it, I would think in writing and multiple times. There's nothing he can do that he hasn't already done, right? So there's no fraud, at least against him.
Yes
Except if he doesn't do anything for the next six months he is in the military and the child stays on ... isn't that fraud because he is aware she shouldn't be covered ? I just worry how it'll come back on him, I just think anyway we can get it to have the birth certificate changed ASAP so there is no possibility of future issues the better
No, it's not fraud. There's
No, it's not fraud. There's no intent to deceive or misrepresentation on his part. He has told them the child is not his dependent. He should make sure it's in writing and that he doesn't have the ability to get a new birth certificate (if that's the case - if I was him I'd try, because as a party named on the original birth certificate he has an interest in it) but has requested it from the mother. Does BM have an insurance card for the older girl? I certainly wouldn't supply her with one! Is BM using the insurance? Your BF might want to tell her in writing to stop because the child is not a dependent.
She has insurance
Info for the girl. It's military insurance that she's been on since birth so there's nothing he can do about not having BM have access to that info.
i just don't want since bf is the sponsor or well responsible party to run into issues with this because BM isn't doing what she legally is required to do and hasn't in over a years time
Has your bf contacted the
Has your bf contacted the authority in your state that handles birth certificates to see what he can do? Bureau of Vital Statistics or Department of Heath or Court Clerk or... it's different by State.
Perhaps he can request the change with his copy of the court order?
ETA: Has he tried reaching out to the judge's clerk to ask what he should do?
We literally just found
All of this about 20 minutes before I posted this blog post because in January 2020 BM claimed she was getting it changed and obviously she didn't.
the child's birth certificate is different than the state we live in. So would it be the state of the birth certificate or the state all the genetic testing etc. was done through?
we can try reaching out to the judges clerk or I was thinking if he messaged the attorney he used to just point him in the right direction. We just don't want to dish out money where we shouldn't have to because we know we wouldn't get that back ever.
It would be the issuing
It would be the issuing authority (where the child was born).
Oh okay
I'll see what info we can get tomorrow
If nothing else, can he just
If nothing else, can he just drop her during Open Enrollment for the health insurance? That is what I would do.
It’s military
Health insurance, it doesn't work that way
If he's in the military
If he's in the military shouldn't he be able to go to the JAG office and get free help with this issue?
Maybe on this
But before since it was part of the divorce and BM did a consultation with them, that office wouldn't and couldn't do anything for him
Have you sent in the court
Have you sent in the court order stating that she is to remove his name from the BC?
DH had his ex-stepkids on tricare. All he needed was the court order. I know it is different because he is on her BC and the military doesn't even give you a choice, but I would think the CO would be enough. If Tricare won't remove her, that is on them and possibly BM- not your BF. Just make sure you keep a record showing you have submitted the court order.
So it isn’t in their CO
Or any of the divorce documents. The child isn't mentioned at all. At most it says "another child was born not of the marriage and bf is not the biological father of said child." As for the judge ordering BM to change the name, I don't think we have a copy of that. We have the genetic testing results, etc. but that's it.
Yeah bf missed the time to call back DEERS who left him the voicemail stating that so he is going to try again today. Besides this with the health insurance I worry any other issues that may come up later because BM is not doing what she is supposed to do. We are just so sick of BM not doing the right thing or even what she's legally obligated to do and getting away with it
I know how frustrating that
I know how frustrating that must be. Hopefully they can read between the lines and that your BF only has one child per the divorce and that the other child is not a bio.
BM2 actually had it ordered in the first divorce decree (the illegal one that was thrown out) that DH had to keep her other kids (ex-stepkids) on Tricare until they were 18. Ummmm.... that's not how any of this works crazy lady.
Right?!
Only way that happens is if the children were adopted by the active duty man, but as they are step kids clearly that did not happen.
It is very frustrrating! I hope so too. Currently waiting to hear back from vital statistics and then the court the divorce/dna test/etc. was all done in. I am hoping there was an offical court order that can just be sent to us to get it done or worst case the military legal can help. I don't want bf to have to pay more money and get another attorney for something that is BM's responsibility, but as usual she doesn't do any of the leg work. Just in general at this point I want it fixed so there are no more future issues.
BM's like this drive me crazy
BM's like this drive me crazy.
YOU are not alone OP...trust me, you are not alone.
Unfortunately
I have seen that across this board that people who want to do good and in the best interests for the kids, get screwed over time and time again