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court ordered medical ins. problem

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tsmommy

Member
What is the name of your state? wv

My husband has a support order that states he is to provide medical insurance on his other kid when it becomes available to him through an employers group health or labor union. He gave the judge a letter from his employer at the hearing stating they offer family coverage. So in the child support order it also states my husband has the ability to obtain medical insurance.

He just talked to his human resources rep and she said that the family medical insurance his employer offers only allows 3 people. Himself and 2 dependants. Well he has myself and our child on the insurance. If he wants to add his other kid he has to pay 120.00 extra a month. Which is more than 5 percent of his income and the cour order states he doesn't have to provide insurance if the insurance cost for his child is over 5 percent.

My concerns with this is that could a judge make him cancel my insurance and put his other child on his insurance in my place since there is a court order. Because I'm a stay at home mom. I don't want to leave my child in the care of other people. But if my husband can't carry me on his insurance I would have to find a job with insurance. And those are hard to find where we live. We cannot afford to add an extra dependant to his insurance at the cost of 120.00 extra a month.

Also we suspect his kid has a medical card since it's mother told the judge this during the hearing. His medical insurance company will not allow a child currently covered by a medical card or any other insurance to be added to the policy. The insurance company also say my husband has 30 days from the time the child gets off the medical card to enroll it or they will not allow it to be put on his insurance policy. Since there is a court order do the insurance companies rules matter? I didn't think they did.

We don't know his childs address. Since we don't know where the mother or it lives. And his caseworker won't tell him. The insurance company told him there was no way they could add a dependant if he didn't know their address anyway. And his caseworker won't tell the insurance company the mothers address.

Could someone answer all four of my questions. Preferrably one at a time. Thanks.
 
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kmb1179

Member
If you want to get help here, I would edit your post and replace each instance of "it" when referring to his child with either he or she.

A child is NOT an it!
 

tsmommy

Member
I think it's common sense the cs order is in wv. It doesn't matter where we live. Secondly I'm not sure where my issue with past child abuse has anything to do with this post. But thank you for being so insensitive. And who cares if I say IT? It's funny the insurance company literature says IT. But whatever.
 
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MrsK

Senior Member
OP- generally if the insurance is not available at a reasonable cost, the NCP will not be required to carry the insurance. I would send the paperwork showing its not at a reasonable cost to the caseworker & see what she has to say about it.
 
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tsmommy

Member
OP- generally if the insurance is not available at a reasonable cost, the NCP will not be required to carry the insurance. I would send the paperwork showing its not at a reasonable cost to the caseworker & see what she has to say about it.
Thank you mrs k. But the fact that he could cancel my insurance and put his child on the insurance in my place in turn making the insurance affordable could be an issue could it not? My main concern is could a judge legally make him do that? Or due to the fact that I'm his wife and he has an obligation to also provide for his marital family have any signifigance. I know legally I don't come before any of his children legitimate or not. But it is something I'm wondering about.
 
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MrsK

Senior Member
Thank you mrs k. But the fact that he could cancel my insurance and put his child on the insurance in my place in turn making the insurance affordable could be an issue could it not? My main concern is could a judge legally make him do that? Or due to the fact that I'm his wife and he has an obligation to also provide for his marital family have any signifigance. I know legally I don't come before any of his children legitimate or not. But it is something I'm wondering about.
Is insurance available to the mother?

I dont think a judge would do that, but I can not be 100%. I'd like to think they wouldnt, but you never know.
 

tsmommy

Member
Is insurance available to the mother?

I dont think a judge would do that, but I can not be 100%. I'd like to think they wouldnt, but you never know.
No. The childs mother has no insurance. To our knowledge which is very little she has no employment. The child was on a medical card but that was 9 months ago.
 

luckymom

Member
To the OP, I think that your husband's obligation to the child he made before he married you and had another child gets priority legally. You may well have to find a way to come up with that extra $120.
 
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tsmommy

Member
To the OP, I think that your husband's obligation to the child he made before he married you and had another child gets priority legally. You may well have to find a way to come up with that extra $120.
Luckymom are their any laws specifically addressing the issue? I can't find any. Or is it one of those things a judge would just have to decide? My husband made the comment that he would rather cancel the insurance on himself if they would allow it instead of me. Since he feels I shouldn't suffer because of something he did.

Ok well since he doesn't have the childs address, cse won't give it to him, the mom has no phone/ mail that we know of to be contacted the insurance company can not even cover the child. It's as if to them without an address the child doesn't exist.

Now with the medical card. I said previously his insurance said there was a 30 day window after losing the medical card that my husband has to sign his child up for insurance. After that they won't accept the child. Can they legally deny enrollment based on their own rules when there is a court order. I thought the court order overrules that. I doubt the mother is going to tell him if and when her child stops getting the medical card. Since she doesn't communicate at all. So what should he do in that situation? Would the mother be at fault for not notifying him? The order says she has to notify him with changes of income, insurance benefits for the child, and changes in her address. She hasn't done any of that.
 
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cbg

I'm a Northern Girl
There are no laws that would prohibit a judge from ordering you taken off the insurance in favor of the child, if that is what you are asking. I'm not saying I think the judge would do that because I doubt that he would. But it's not prohibited by law.

If this is employer-sponsored group insurance offered by your husband's employer, removing your husband from the insurance to leave you and both kids on is NOT an option. No employer sponsored plan will cover dependents of an employee without covering the employee too, unless it is COBRA.
 

Ohiogal

Queen Bee
Thank you mrs k. But the fact that he could cancel my insurance and put his child on the insurance in my place in turn making the insurance affordable could be an issue could it not? My main concern is could a judge legally make him do that? Or due to the fact that I'm his wife and he has an obligation to also provide for his marital family have any signifigance. I know legally I don't come before any of his children legitimate or not. But it is something I'm wondering about.
yes a judge can make him have his children insured on the insurance and then Pay TO ADD YOU. hence it is a reasonable cost to insure the children and then you have to make a choice regarding your insurance. And no the fact that you are his wife doesn't have any significance. Because you are an adult and capable of working and getting your own health insurance.
 

tsmommy

Member
I have some new information. Well my husband has tried contacting CSE for the past week. He's left two messages and caseworker has not called him back. He called the supervisor and they haven't called back either.

His employer had this to say today.
They will not allow anyone to add a dependant who has been previously insured unless they are added within 30 days of cancelling/losing previous coverage. But if you want to pay a penalty they will allow adding an extra person after the 30 days is up. Child support order or not. The penalty is 300.00.

They will not let my husband take me off the family plan and put another dependent in my place and use me as the extra dependant. Not sure why but that is what HR said.

We cannot find the address for his ex. She still hasn't notified my husband of her new address. It's been 4 months. The order states she has 14 days. I'm assuming she still has medical card. Or else I'm certain she would be trying to enforce the medical support order.

We have moved. CSE knows this. But we have no way to let his ex know since we don't know her address. Spoke to the family court yesterday they want husband to fill out contempt petition but theres no where to serve her.

My questions now are:
If she's been running up uninsured medical bills can she sue my husband for them? It says he's to pay for 100%. But if she doesn't know where we are and we don't know where she is would she have a case? Would a Judge see the fact that she's tried to disappear a little strange and actually side with my husband on the issue IF it happened?

And if child is on medical card why isn't the caseworker issuing the card noticing that the CS order says father has to provide insurance. The order even states he in fact has it available. In order to keep a medical card in this case would she have to lie about it?

Also what can he do about cse not calling him back. He's trying to figure out what to do.

And WHO decides if adding an extra person to his medical insurance would cost more than 5% of his income? His caseworker. Or would they have to take him to court for a judge to hear? By our calculations using his gross income adding an extra person is more than 5%.

I know the first question is hypothetical but we have no idea what mom is doing or planning. We just want to know what can happen. What should he do?
 
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howcanthis

Junior Member
First he should ask for amendment hearing. Adjust to have the support admended so the CS and Ins. cost are not taking more then 50% of his take home income. I know this because I have been where you are. My Ex-Wife works and has ins from her company and our daughter is on it. The court stated that as the NCP should carry insurance on child. Even though my ex-wife did not use the insurance as the copay was more then hers. I had to go back to court and deal with it. Has far as the comtempt order, if it goes into effect, if she is stopped or detain in anyway by the police for speeding, runing a light, she will be arrested. If the medical card she is using is no longer valid she will be responsible for the costs. That is where the court will come in to play for her to be off the list of medical bills not paid to doctors she will have to either contact your husband or the CSE.
 

Zephyr

Senior Member
120.00 seems and awful lot for a child, he could provide a stand alone policy for 1 child for less than that......
 
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