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Lapse in insurance

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gaems143

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

The custodial parent was to maintain valid insurance on children but let the insurance lapse for approximately three months, repicked it up but failed to notify the NCP so the kids can be insured, they were uninsured for the 3 months. Is the NCP responsible for payment that custodial parents insurance does not pay when the new insurance (NCP's) would have covered it?

The order says that CP it to cover kids on insurance "unless it is no longer available". It lapsed due to non-payment. Does this qualify as no longer available?

Thanks, sorry if confusing.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Ga.

The custodial parent was to maintain valid insurance on children but let the insurance lapse for approximately three months, repicked it up but failed to notify the NCP so the kids can be insured, they were uninsured for the 3 months. Is the NCP responsible for payment that custodial parents insurance does not pay when the new insurance (NCP's) would have covered it?

The order says that CP it to cover kids on insurance "unless it is no longer available". It lapsed due to non-payment. Does this qualify as no longer available?

Thanks, sorry if confusing.
It was available. CP would be in contempt. Why don't you also insure your children?
 

gaems143

Member
Can't. Judge's order was to drop my insurance and have her pick them up. I can't insure them on major medical but can on dental.

Bills incurred during this lapse that was turned over to collections, is NCP also responsible for this. Order reads NCP is responsible for 100% whatever insurance does not pay.
 

gaems143

Member
I have already paid the bills cause I didn't want to get in trouble with the court. The question is was I suppose to and if they continue to accumulate can I seek repayment from CP? The balance is currently < 500.00 but could go higher. I am having to dig for the bills, CP did not provide the bills due to not wanting me to know about the lapse and insure the kids. Would I have to have a contempt verdict on her to do this?

CP currently reinsured them after the 3 months, is it too late to insure them since I could have with the courts permission had I know (in the papers) and would I be wrong to do so now. I did not find out about them not being insured until CP had already insured them again.
 

stealth2

Under the Radar Member
You can likely only insure them during your open enrollment period. Which may or may not be over or upcoming. And I doubt the court meant that you could NOT carry insurance - just that you were not required to.

ETA: As for the bills themselves, I would likely consider taking the CP to court for contempt. But I would speak with an attorney to see how my not having them covered as well might affect the judge's ruling.
 
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gaems143

Member
The order reads "The Plaintiff(NCP) is required to cancel the current health insurance coverage unless and until such time as XXXXX coverage becomes unavailable.".

Have I missed the boat? Would I be wrong to insure them now since CP has already reinsured them or can I insure them and would the court find favorably on my actions since she failed to notify me? Don't want to be in trouble.
 

stealth2

Under the Radar Member
The order reads "The Plaintiff(NCP) is required to cancel the current health insurance coverage unless and until such time as XXXXX coverage becomes unavailable.".
That's a pretty odd order - it's usually better to have double coverage than not. Any idea why the judge ordered that?

Have I missed the boat? Would I be wrong to insure them now since CP has already reinsured them or can I insure them and would the court find favorably on my actions since she failed to notify me? Don't want to be in trouble.
I'd be loathe to insure them, given the above language, absent a specific order now that CP does have them insured. I would talk to an attorney, and I would also talk to my HR person to find out how it would work if I got an order after open enrollment allowing me to cover the kids.
 

mistoffolees

Senior Member
That's a pretty odd order - it's usually better to have double coverage than not. Any idea why the judge ordered that?



I'd be loathe to insure them, given the above language, absent a specific order now that CP does have them insured. I would talk to an attorney, and I would also talk to my HR person to find out how it would work if I got an order after open enrollment allowing me to cover the kids.
That IS a really strange order. Judges do some crazy things sometimes.

I would do 2 things:

1. File for contempt. It was 100% clear that Dad was responsible for having insurance. However, unless the order addresses deductible and copays, OP can only collect the amount that WOULD HAVE been covered by insurance.

2. When I was in front of the judge, I would ask for a modification stating that I am allowed to carry my own insurance as a backup.
 

LdiJ

Senior Member
That IS a really strange order. Judges do some crazy things sometimes.

I would do 2 things:

1. File for contempt. It was 100% clear that Dad was responsible for having insurance. However, unless the order addresses deductible and copays, OP can only collect the amount that WOULD HAVE been covered by insurance.

2. When I was in front of the judge, I would ask for a modification stating that I am allowed to carry my own insurance as a backup.


Pros to that:

1) You don't have to worry about lapses in coverage.
2) With secondary coverage there are often no out of pocket expenses.

Cons to that:

If you are not already paying for familiar coverage, (due to other children in the home) or your employer doesn't offer free family coverage, then the cost of the family coverage is usually much greater (with normally healthy children) than the normal deductibles and copays for the primary insurance.

If family coverage costs you 300.00 a month (3600.00 a year) then you would have had to have at least 3600.00 in out of pocket expenses before buying that secondary family coverage becomes economically practical.
 

stealth2

Under the Radar Member
If family coverage costs you 300.00 a month (3600.00 a year) then you would have had to have at least 3600.00 in out of pocket expenses before buying that secondary family coverage becomes economically practical.
True, but... There is also a peace of mind that comes from knowing that, in the event of a catastrophic illness or injury? That coverage is there. I pay ~$300/mo for medical/visual/dental for the three of us. The kids are also covered by their Dad (however, his insurance is a pain to use). And I have a $1000 deductible. DO I ever get that high? Nope. But... what IF my kid gets hit by a car? Or what IF my other one takes a hockey ball to the head? Or, God forbid, develops a catastrophic illness? That $4600 will be a drop in the bucket.

Just something else to think about.
 

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