+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 27
  1. #1
    rbw5147 is offline Member
    Join Date
    Feb 2010
    Posts
    246

    Dad does not have court ordered health insurance for children

    What is the name of your state (only U.S. law)? Colorado


    My two daughters, ages 12 and 16 are here for the summer, possibly staying permanently. Dad is court ordered to maintain health insurance for the kids and I found out today that he isn't. He is receiving child support from me. If the kids do indeed stay here permanently, obviously I will go to court to modify this.


    Since they do not have insurance and both are in need of medical care, I will have to file for them to receive Medicaid (I am on SSDI). My 12 year old daughter has had a rectal fissure for TWO YEARS, which I only found out about since she has been here. Dad says "put some antibiotic cream on it." I had this condition, following childbirth and had to have surgery to correct it. Also, my 16 year old has braces and has not seen an orthodontist in 9-12 months. When we were in court, he stated on record that he had not forgiven the actual amount of arrearages that he had received as he needed that extra money to pay for my daughter's braces. Is this considered contempt? Will "they" go after him since I am having to put them on Medicaid? Also, if they do stay permanently, is there anything I can do to recover some of this money from Dad for my daughter's orthodontic care?


    I already have 2 young sons living with me and though I couldn't really afford it, I took my daughters without a second's thought. They were living in a very abusive and destructive home. SM actually locked my 16 year old out of the house at 10pm and she had to walk 2 miles barefoot, in the rain to get to her grandmother's house. The police were called and told her that it was illegal to lock her out of the house and she did it again 2 days later. Dad does nothing to correct or protect our daughters from SM. Though there are police reports on this, CPS stated this did not meet their definition of neglect or abuse, so no investigation was done. This would have been the 4th time the home and family had been investigated.


    So again, is this contempt and do I have any recourse to get help from Dad for daughter's orthodontic care?
  2. #2
    LdiJ is offline Senior Member
    Join Date
    May 2004
    Posts
    66,104
    Quote Originally Posted by rbw5147 View Post
    What is the name of your state (only U.S. law)? Colorado


    My two daughters, ages 12 and 16 are here for the summer, possibly staying permanently. Dad is court ordered to maintain health insurance for the kids and I found out today that he isn't. He is receiving child support from me. If the kids do indeed stay here permanently, obviously I will go to court to modify this.


    Since they do not have insurance and both are in need of medical care, I will have to file for them to receive Medicaid (I am on SSDI). My 12 year old daughter has had a rectal fissure for TWO YEARS, which I only found out about since she has been here. Dad says "put some antibiotic cream on it." I had this condition, following childbirth and had to have surgery to correct it. Also, my 16 year old has braces and has not seen an orthodontist in 9-12 months. When we were in court, he stated on record that he had not forgiven the actual amount of arrearages that he had received as he needed that extra money to pay for my daughter's braces. Is this considered contempt? Will "they" go after him since I am having to put them on Medicaid? Also, if they do stay permanently, is there anything I can do to recover some of this money from Dad for my daughter's orthodontic care?


    I already have 2 young sons living with me and though I couldn't really afford it, I took my daughters without a second's thought. They were living in a very abusive and destructive home. SM actually locked my 16 year old out of the house at 10pm and she had to walk 2 miles barefoot, in the rain to get to her grandmother's house. The police were called and told her that it was illegal to lock her out of the house and she did it again 2 days later. Dad does nothing to correct or protect our daughters from SM. Though there are police reports on this, CPS stated this did not meet their definition of neglect or abuse, so no investigation was done. This would have been the 4th time the home and family had been investigated.


    So again, is this contempt and do I have any recourse to get help from Dad for daughter's orthodontic care?
    You may have recourse regarding the orthodontic care but I am not sure that is an issue that I would try to address at this time, if you are trying to address custody. You can get the standard verbiage regarding medical care included in a custody order, without specifically addressing the orthodontia.

    Also, to be honest, if dad is so neglectful that he would allow a child WITH braces to go without orthodontic care for 9-12 months and would have to pay child support to you if you got custody, the odds of collecting from him for out of pocket medical costs may be slim.
  3. #3
    stealth2 is offline Senior Member
    Join Date
    May 2002
    Posts
    44,565
    Also, don't think you'll get the arrears dropped if you get custody. There may be an offset (i.e. he won't pay support until the amount he would pay covers the amount of what you owe him), or he'll pay you support and you'll continue paying him what you owe.
  4. #4
    mistoffolees is offline Senior Member
    Join Date
    Mar 2008
    Posts
    21,315
    Quote Originally Posted by rbw5147 View Post
    What is the name of your state (only U.S. law)? Colorado


    My two daughters, ages 12 and 16 are here for the summer, possibly staying permanently. Dad is court ordered to maintain health insurance for the kids and I found out today that he isn't. He is receiving child support from me. If the kids do indeed stay here permanently, obviously I will go to court to modify this.


    Since they do not have insurance and both are in need of medical care, I will have to file for them to receive Medicaid (I am on SSDI). My 12 year old daughter has had a rectal fissure for TWO YEARS, which I only found out about since she has been here. Dad says "put some antibiotic cream on it." I had this condition, following childbirth and had to have surgery to correct it. Also, my 16 year old has braces and has not seen an orthodontist in 9-12 months. When we were in court, he stated on record that he had not forgiven the actual amount of arrearages that he had received as he needed that extra money to pay for my daughter's braces. Is this considered contempt? Will "they" go after him since I am having to put them on Medicaid? Also, if they do stay permanently, is there anything I can do to recover some of this money from Dad for my daughter's orthodontic care?


    I already have 2 young sons living with me and though I couldn't really afford it, I took my daughters without a second's thought. They were living in a very abusive and destructive home. SM actually locked my 16 year old out of the house at 10pm and she had to walk 2 miles barefoot, in the rain to get to her grandmother's house. The police were called and told her that it was illegal to lock her out of the house and she did it again 2 days later. Dad does nothing to correct or protect our daughters from SM. Though there are police reports on this, CPS stated this did not meet their definition of neglect or abuse, so no investigation was done. This would have been the 4th time the home and family had been investigated.


    So again, is this contempt and do I have any recourse to get help from Dad for daughter's orthodontic care?
    What is the actual court order? Does it mention orthodontic care?

    If it doesn't mention orthodontic care, then the braces would probably be covered only if they were deemed medically necessary by the orthodontist. If they were merely cosmetic, they probably don't count.

    Dad can be held in contempt if he was ordered to provide medical insurance and failed to do so. However, unless you got stuck paying bills, the court may not do much about it. If you had to pay medical bills that would have been covered if Dad had insurance, then you can ask the court to order Dad to reimburse you.

    That said, I think you're focusing on the wrong things. Instead of worrying about medical insurance, your first priority should be:
    1. The kids' safety. If you really believe that the other home is an unsafe environment (and can prove it), then your first priority should be changing custody. Get the kids with you and get a court order to document that.
    2. Medical care. The fact that the kid was untreated for a medical problem for 2 years is a much bigger issue than 'why doesn't Dad have insurance'. Get the kid in to a doctor and fight over making Dad pay for it later.
  5. #5
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    34,354
    FYI, few if any health insurance plans cover orthodontics. Does the court order require dental insurance?
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  6. #6
    rbw5147 is offline Member
    Join Date
    Feb 2010
    Posts
    246
    I do not owe any arrearages to Dad. Everything has been caught up for over a year.


    The court order does state that he is required to maintain health insurance. Orthodontic care is not mentioned, however when we went to court for the last modification, it was considered a "medical necessity" by the judge, which is why she allowed him to keep some of the money he was overpaid, though he didn't use it for her braces.


    I am planning on keeping the kids here. I am hoping to make it a mutual agreement with the girls. Dad doesn't care if they stay. Truth be told, he's more concerned with saving his marriage to SM. I've enrolled them in sports here, hoping they will make more friends. I know how difficult this is for them. They are 12 and 16 and that's a rotten time to move 1500 miles away from their friends. However, he is considered the domicillary parent and if they want to leave, they can.


    I just know that in most cases, if a child is receiving Medicaid, the state will go after the other parent for that support. Also, if the judge, which would be the same one, considered orthodontic care necessary when he was domicillary parent, is it safe to assume that it would still be necessary if my daughter stays with me? Obvious, she is in dire need of maintenance care.


    I'm not so concerned about child support and how much I would get from Dad. I just want my daughters safe and that they get the medical attention they need. I just have no way of paying for it by myself. Yes, I can get Medicaid for them, but I will need help paying for my oldest's orthodontic care. I'm just confused as to how this will work out, considering Dad is not maintaining health insurance, my having to get them on Medicaid, and the orthodontic care that Dad did not take care of (although he collected the money to do so).
  7. #7
    CourtClerk is offline Senior Member
    Join Date
    Apr 2007
    Location
    Sitting at the computer probably rolling my eyes at your post
    Posts
    13,444
    Quote Originally Posted by rbw5147 View Post
    SM actually locked my 16 year old out of the house at 10pm and she had to walk 2 miles barefoot, in the rain to get to her grandmother's house.
    Why was she outside barefoot at 10pm in the first place?
  8. #8
    mistoffolees is offline Senior Member
    Join Date
    Mar 2008
    Posts
    21,315
    Quote Originally Posted by rbw5147 View Post
    I am planning on keeping the kids here. I am hoping to make it a mutual agreement with the girls. Dad doesn't care if they stay. Truth be told, he's more concerned with saving his marriage to SM. I've enrolled them in sports here, hoping they will make more friends. I know how difficult this is for them. They are 12 and 16 and that's a rotten time to move 1500 miles away from their friends. However, he is considered the domicillary parent and if they want to leave, they can.
    WRONG, WRONG, WRONG, WRONG (to the bolded part).

    You should not be making an agreement with the girls. You are making a big mistake if you let them think that they control custody in any way, shape, or form.

    Go ahead and reach an agreement with Dad if you can. And you and Dad can certainly consider the girls' wishes. But it is not their decision to make and they can not make an agreement regarding custody.
  9. #9
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    34,354
    My point is that EVEN IF Dad had the court ordered health insurance, it is unlikely that it would cover orthodontics.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  10. #10
    Ohiogal is offline Senior Member
    Join Date
    Dec 2005
    Location
    Ohio
    Posts
    52,831
    What is the name of your state (only U.S. law)? Colorado


    My two daughters, ages 12 and 16 are here for the summer, possibly staying permanently.
    Why do you believe they may be staying permanently?
    Dad is court ordered to maintain health insurance for the kids and I found out today that he isn't. He is receiving child support from me. If the kids do indeed stay here permanently, obviously I will go to court to modify this.
    You would need to go to court to modify custody.

    Since they do not have insurance and both are in need of medical care, I will have to file for them to receive Medicaid (I am on SSDI). My 12 year old daughter has had a rectal fissure for TWO YEARS, which I only found out about since she has been here.
    And why didn't you know about it? How often have you seen your children? How involved have you been in their medical care?

    Dad says "put some antibiotic cream on it." I had this condition, following childbirth and had to have surgery to correct it.
    And that does NOT mean your daughter will need surgery.


    Also, my 16 year old has braces and has not seen an orthodontist in 9-12 months. When we were in court, he stated on record that he had not forgiven the actual amount of arrearages that he had received as he needed that extra money to pay for my daughter's braces. Is this considered contempt?
    So what have you paid towards your daughter's braces? What does the court order state regarding medical expenses? Dad doesn't have to forgive ANY arrearages as he is entitled to that money per the court order. Stating it on the record why he wants the money matters not. How much have you paid towards the arrearages? How far behind are you? When were you last in court? For what?


    Will "they" go after him since I am having to put them on Medicaid? Also, if they do stay permanently, is there anything I can do to recover some of this money from Dad for my daughter's orthodontic care?
    No. You cannot recover some of your arrearages for your daughter's orthodontic care. How much were you ordered to contribute? How much have you contributed? How far behind on child support are you? How far do you live from dad?


    I already have 2 young sons living with me and though I couldn't really afford it, I took my daughters without a second's thought. They were living in a very abusive and destructive home. SM actually locked my 16 year old out of the house at 10pm and she had to walk 2 miles barefoot, in the rain to get to her grandmother's house. The police were called and told her that it was illegal to lock her out of the house and she did it again 2 days later. Dad does nothing to correct or protect our daughters from SM. Though there are police reports on this, CPS stated this did not meet their definition of neglect or abuse, so no investigation was done. This would have been the 4th time the home and family had been investigated.
    And that may not be abuse or neglect. What did your daughter before she was locked out. Why was she outside at 10pm barefoot that allowed her to be locked out?


    So again, is this contempt and do I have any recourse to get help from Dad for daughter's orthodontic care?
    Most likely not but answer my questions.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  11. #11
    Ohiogal is offline Senior Member
    Join Date
    Dec 2005
    Location
    Ohio
    Posts
    52,831
    I do not owe any arrearages to Dad. Everything has been caught up for over a year.


    The court order does state that he is required to maintain health insurance. Orthodontic care is not mentioned, however when we went to court for the last modification, it was considered a "medical necessity" by the judge, which is why she allowed him to keep some of the money he was overpaid, though he didn't use it for her braces.
    The judge is NOT a doctor and does not have the background to determine what is a medical necessity.


    I am planning on keeping the kids here. I am hoping to make it a mutual agreement with the girls. Dad doesn't care if they stay. Truth be told, he's more concerned with saving his marriage to SM. I've enrolled them in sports here, hoping they will make more friends. I know how difficult this is for them. They are 12 and 16 and that's a rotten time to move 1500 miles away from their friends. However, he is considered the domicillary parent and if they want to leave, they can.
    And are you sure dad doesn't care if they stay? What mutual agreement with the girls? Why do you think the girls get a say? They follow the court order until said order is changed. You need to get the custody order changed if you want the girls with you.

    I just know that in most cases, if a child is receiving Medicaid, the state will go after the other parent for that support. Also, if the judge, which would be the same one, considered orthodontic care necessary when he was domicillary parent, is it safe to assume that it would still be necessary if my daughter stays with me? Obvious, she is in dire need of maintenance care.
    And what have you contributed towards her care before now? Does dad have medical insurance available to him through work at a reasonable cost? If medical insurance doesn't cover orthodontics then the judge can NOT order the insurance to cover it regardless of whether the judge considers it a medical necessity.

    I'm not so concerned about child support and how much I would get from Dad. I just want my daughters safe and that they get the medical attention they need. I just have no way of paying for it by myself. Yes, I can get Medicaid for them, but I will need help paying for my oldest's orthodontic care. I'm just confused as to how this will work out, considering Dad is not maintaining health insurance, my having to get them on Medicaid, and the orthodontic care that Dad did not take care of (although he collected the money to do so).
    You have no way of paying for it but didn't your court order require you to contribute to out of pocket medical expenses?
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  12. #12
    rbw5147 is offline Member
    Join Date
    Feb 2010
    Posts
    246
    I am absolutely positive that Dad wants the girls to stay with me, if they are in agreement with it. As I stated, he is more concerned with saving his marriage with SM than our daughters. Two days after they arrived here, I receieved messages from both Dad and SM stating that their things were boxed up and they wanted my credit card number to ship their things here. My point in saying that I hope that this is a mutual agreement with the girls is that way I know I won't have to go to court for a custody, only a child support modification and a mutually agreed custody change.


    I'm perfectly aware that the judge is not a doctor or dentist, however she felt it deemed ok to overpay Dad $3,500 in arrearages to cover the orthodontic care that his insurance at the time didn't pay. On the Colorado Child support worksheet, there is an allottment for non insurance covered medical care. On our last date in court, the judge deemed it was was appropriate for Dad to keep the overpayment of $3500 to pay for her braces... and as I said, he didn't and she hasn't seen an orthodontist in 9-12 months. I try to stay involved in their medical care. I live in Colorado and they live in Louisiana, so I don't get all the details and after their family being investigated 3 times by CPS in the past, the kids have been programmed to keep secrets. I see the kids 3-4 times a year, plus their summer vacations here. I'm not sure why my 12 year old hasn't told me about her rectal problems, but as I stated, they keep family secrets... and I believe think that their Dad's home is "normal." Also as soon as their Medicaid application is processed, I already have therapists lined up for them to talk to.


    She was locked out of the house barefoot because she had just gotten out of the shower, got into an arguement with SM because SM would not pick up her younger sister, so that she could go to school the next day (it was a Sunday evening). SM said younger sister was not her responsibility (she has been their SM for 10 years and SM was also drunk). 16 year old went outside to sit on the porch and cool off and SM locked her out. As I stated, the police told her it was illegal for her to do this... though she did it again 2 days later. SM has had 2 DV arrests and knows that she is on her last straw or she's facing serious jail time. And also, as I said, Dad does nothing to help them feel secure or safe in their home. Dad was just recently taken to the hospital for a Xanax/alcohol OD.


    I'm not trying to re-collect the 3500, I only want help with paying for her orthodontic care, especially since Dad has already received the funds to do so and hasn't. If the judge deemed it a "non insuranced covered medical necessity" at our last hearing and let Dad keep that extra money, is their a reason that it wouldn't be considered necessary now? However, yes I will absolutely bring proof to court that he has not contributed one dime (other than the money his insurance at the time paid) and that he should be held to contribute to this "non insurance covered medical necessity" just as I was obligated to contribute to at our last hearing.


    The girls are 16 and 12 and though I am hoping that they both want to stay, I am willing and able to go to court to get approval to keep them here. I'm wishing and hoping it doesn't come down to that, but I will if I have to. By the way, his entire immediate family in NOLA is willing to testify on my behalf, to keep the kids out of that home.
  13. #13
    rbw5147 is offline Member
    Join Date
    Feb 2010
    Posts
    246
    I owe ZERO in arrearages. Dad received more than the actual amount of arreages due (in SSDI Dependant backpay and my own person backpay). He stated on the record that he kept that extra money to pay for 16 yo's braces. I don't want much, I just want her teeth taken care of. Dad received that money, stated on record that that was what the money was to be used for, then did nothing. I don't understand how it could be considered a "non insurance covered medical necesity for our daughter then, but not now, while she is living with me???
  14. #14
    LdiJ is offline Senior Member
    Join Date
    May 2004
    Posts
    66,104
    Quote Originally Posted by rbw5147 View Post
    I owe ZERO in arrearages. Dad received more than the actual amount of arreages due (in SSDI Dependant backpay and my own person backpay). He stated on the record that he kept that extra money to pay for 16 yo's braces. I don't want much, I just want her teeth taken care of. Dad received that money, stated on record that that was what the money was to be used for, then did nothing. I don't understand how it could be considered a "non insurance covered medical necesity for our daughter then, but not now, while she is living with me???
    Make sure that when you address the order in court, that you fully explain that to the judge again, since the judge may not remember the previous order that was made regarding the orthodontia. Also, make sure that the judge is very aware that the child has the braces but had not seen the orthodontist in 9-12 months.

    I do recommend that you get the custody change court ordered. Even if its just you and dad submitting a stipulated agreement to the court for the judge's signature. Otherwise you risk dad yanking the girls back from you as soon as he gets hit up for any kind of medical or child support. He is already probably not thinking about the fact that you will start receiving the children's SSI dependent benefits, so when he gets hit up for any kind of support on top of that, he is not going to be happy.
  15. #15
    CJane is offline Senior Member
    Join Date
    Feb 2005
    Location
    Washington
    Posts
    19,946
    Quote Originally Posted by LdiJ View Post
    Make sure that when you address the order in court, that you fully explain that to the judge again, since the judge may not remember the previous order that was made regarding the orthodontia. Also, make sure that the judge is very aware that the child has the braces but had not seen the orthodontist in 9-12 months.
    In this case? I wouldn't rely on reminding the judge. I'd get the transcripts.

Similar Threads

  1. Replies: 6
    Last Post: 05-14-2011, 12:56 PM
  2. court ordered health insurance & unemployment
    By ronthefloorman in forum Child Support
    Replies: 18
    Last Post: 05-03-2010, 06:27 PM
  3. ex has never paid court ordered health ins. or 1/2 medical
    By jennifer38 in forum Child Support
    Replies: 0
    Last Post: 01-26-2009, 05:29 PM
  4. question about court ordered health insurance
    By hilmi01 in forum Child Support
    Replies: 0
    Last Post: 09-09-2008, 06:57 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.