Being forced to provide health coverage that my kid's can't use

[wavehopper27]

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

My children moved with their mom to NC about 2 1/2 years ago. Before she left we modified our custody agreement that states that I would provide their health coverage UNLESS the coverage area of my plan didn't extend to NC. Well, it just so happens that my coverage area does not extend down there and my ex has secured her own coverage for the kids.

I just received a letter from my payroll department stating that they are being required by Mass DOR to add my kids onto my health plan increasing my premiums in the process. I have a court order that says that I don't have to cover them for the reasons stated above. The coverage is useless to them in any case.

Any opinions on how I can resolve this?

 

[xylene]

Any opinions on how I can resolve this?

Contact your lawyer and do whatever will satisfy the DOR that you are in compliance.

 

[mistoffolees]

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

My children moved with their mom to NC about 2 1/2 years ago. Before she left we modified our custody agreement that states that I would provide their health coverage UNLESS the coverage area of my plan didn't extend to NC. Well, it just so happens that my coverage area does not extend down there and my ex has secured her own coverage for the kids.

I just received a letter from my payroll department stating that they are being required by Mass DOR to add my kids onto my health plan increasing my premiums in the process. I have a court order that says that I don't have to cover them for the reasons stated above. The coverage is useless to them in any case.

Any opinions on how I can resolve this?

Contact Mass DOR with a copy of your court order as well as a copy of your insurance plan showing that it won't cover them in NC. See if they buy it.

However, there are two problems with your argument:
1. If the children are receiving state aid, then your court order isn't particularly relevant. The state could still require you to pay for their insurance (although I don't understand how they're receiving MA aid if they're in NC).

ETA: MA is enforcing an NC order. Now I understand.

2. Even if your plan doesn't provide full coverage outside of MA, it would still almost certainly provide emergency coverage in NC, so 'it is useless there' isn't a very good argument.

 

[wavehopper27]

I am not entirely certain what coverage their mom is providing but I believe its Medicaid, or whatever the NC equivalent is.

 

[Antigone*]

I am not entirely certain what coverage their mom is providing but I believe its Medicaid, or whatever the NC equivalent is.

This is exactly why you are being forced to supply insurance for your kids. You might consider shopping for private insurance your kids can use.

 

[wavehopper27]

It is in our agreement that she would be responsible for providing health insurance if the coverage area of my plan did not extend down there.

I will have to check the particulars of my plan as I am uncertain if they would even be covered for emergency care since they reside in NC and are not just there visiting.

 

[xylene]

Has mom lawfully established residence for herself and the children in North Carolina? And disestablished residence in Massachusetts...

It is entirely possible she is engaged in some sort of hard or soft welfare fraud...

 

[Antigone*]

It is in our agreement that she would be responsible for providing health insurance if the coverage area of my plan did not extend down there.

I will have to check the particulars of my plan as I am uncertain if they would even be covered for emergency care since they reside in NC and are not just there visiting.

She is not providing health insurance for the children, the state is.

 

[mistoffolees]

It is in our agreement that she would be responsible for providing health insurance if the coverage area of my plan did not extend down there.

You have no control over the state asking you to pay.

What you COULD do is go back to court to get an order for ex to reimburse you for what the state is taking from you - if your interpretation of the court order is correct.

 

[LdiJ]

You have no control over the state asking you to pay.

What you COULD do is go back to court to get an order for ex to reimburse you for what the state is taking from you - if your interpretation of the court order is correct.

However, that really wouldn't be fair to mom. If the children are on medicaid, she is not the one forcing the issue of the insurance, its the state forcing the issue.

 

[wavehopper27]

I would like to think that since our agreement states that she would provide health coverage and, if she can't on her own, she would be responsible for either paying privately for coverage or, at minmum reimbursing me for the cost.

 

[Antigone*]

I would like to think that since our agreement states that she would provide health coverage and, if she can't on her own, she would be responsible for either paying privately for coverage or, at minmum reimbursing me for the cost.

I agree with your statement.

 

[Zigner]

I agree with your statement.

Ditto .

 

[mistoffolees]

However, that really wouldn't be fair to mom. If the children are on medicaid, she is not the one forcing the issue of the insurance, its the state forcing the issue.

Who was it who said: "if someone tells you life if fair, punch them in the nose and walk away"?

It's not about what's fair. It's about legalities. Mom was ordered by the court to provide insurance. She is not doing so. Why should Dad have to pay for Mom's failure to support their child? And why should Dad pay because Mom is not following a court ORDER?

 

[LdiJ]

Who was it who said: "if someone tells you life if fair, punch them in the nose and walk away"?

It's not about what's fair. It's about legalities. Mom was ordered by the court to provide insurance. She is not doing so. Why should Dad have to pay for Mom's failure to support their child? And why should Dad pay because Mom is not following a court ORDER?

Was mom ordered by the court to provide insurance? The OP did state that they had at least agreed to that, after I had already posted, but his first post did not seem to indicate such, and I am still uncertain if the court order requires her to provide it.

In addition, its arguable that mom qualifying for medicaid and applying for it, is ensuring that the children are covered...is mom providing insurance by virtue of qualifying for state assistance. You actually have to be pretty poor to qualify for medicaid.

So, mom (or dad if the roles were reversed) qualifies for medicaid, applies for it and receives it. The state has an automatic rule of an attempt to force the other parent to provide insurance for the child, so that medicaid can be dropped. However the other parent cannot provide insurance that actually benefits the children in NC...yet you feel that mom, who does not have the ability to pay for insurance, which is why she qualifies for medicaid, should reimburse dad for the cost of the insurance that is worthless to the child?

Where is the logic in that? No, what needs to happen is that dad needs to fight the state on this one so that nobody has to pay for insurance that is worthless to the child.