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LdiJ

Senior Member
What is the name of your state? Indiana

I may have mentioned this briefly in another post but I would appreciate some feedback.

Ncp dad is ordered to provide medical insurance for the child. Its decent medical insurance. Cp mom's husband recently got a new job and also added the child to his insurance because it didn't cost any extra and it made economic sense to have secondary coverage.

Both insurance companies are now saying that under Indiana law the stepdad's insurance must be primary...which after research is accurate.

Dad however is pitching a total fit about this and is insisting that he will take mom to court for contempt if his insurance isn't primary.

The problem (economically) is that if the bill is sent to his insurance as primary, it will be denied and then have to be sent to stepdads. At that point there will be no secondary coverage. (again, true after research) However if its sent to stepdad's first and dad's second, then dad's will pick up most of the balance.

Mom cannot figure out WHY dad thinks its so darned important that his insurance be primary....and dad isn't offering any reasons, even when asked, just rants from him and his attorney...mom's attorney has not be able to come up with any reasons either.

So, can anybody think of any reason why it might matter to the dad? If mom can figure out WHY, she may be able to overcome his objections.

Oh...and dad is required to pay 73% of unreimbursed medical so secondary coverage is more to his advantage than mom's.
 


kat1963

Senior Member
Because he wouldn't get the EOB's to know when the child was treated & cost if StepDad's insurance covers the entire bill?

KAT
 

stealth2

Under the Radar Member
It could also be a purely emotional reaction to his feelings that stepdad is moving in on his territory as Dad.
 

BL

Senior Member
Even if the Laws state step Dad's Insurance has to be Primary , the FACT is DAD was ORDERED to PAY it through his insurance , and technically could be held in contempt .

Step Dad did not HAVE TO put the child on his insurance . He chose to more than likely with your knowlege and approval .

So , two reasons :
# 1 ) Court Order
# 2 ) Step Dad and mom overstepping the Court Order taking control .

There is a simple solution . Step Dad drops the child from his insurance and mom will follow the Court's Orders .
 

LdiJ

Senior Member
Blonde Lebinese said:
Even if the Laws state step Dad's Insurance has to be Primary , the FACT is DAD was ORDERED to PAY it through his insurance , and technically could be held in contempt .

Step Dad did not HAVE TO put the child on his insurance . He chose to more than likely with your knowlege and approval .

So , two reasons :
# 1 ) Court Order
# 2 ) Step Dad and mom overstepping the Court Order taking control .

There is a simple solution . Step Dad drops the child from his insurance and mom will follow the Court's Orders .
Uh...its not me...its someone else I am attempting to advise.

Yes, dad is ordered to provide medical insurance, however in Indiana it is a common and accepted practice for both parents to provide insurance if it can be done with no additional cost. Mom isn't violating any court orders here and actually can't be held in contempt. However she would like to avoid the expense of a trip to court.

I am bringing this up only because I have never before encountered a situation where either parent cared whose insurance was primary....therefore I had no basis to help her figure out what dad's reasons could be.
 

LdiJ

Senior Member
stealth2 said:
It could also be a purely emotional reaction to his feelings that stepdad is moving in on his territory as Dad.
I suspect that is it....however I was hoping to find out if there were any real legal issues that could maybe be handled...because if its that she isn't going to be able to overcome his objections.

This dad is unfortunately particularly controlling and its ending up costing mom a fortune in legal fees.
 

stealth2

Under the Radar Member
LdiJ said:
I suspect that is it....however I was hoping to find out if there were any real legal issues that could maybe be handled...because if its that she isn't going to be able to overcome his objections.

This dad is unfortunately particularly controlling and its ending up costing mom a fortune in legal fees.
This particular issue doesn't have to cost her any legal fees. Unless the child has significant medical expenses, this just doesn't seem to be a hill worth dying on. So tell Dad "fine, we'll drop the kid off stepdad's insurance" and that's it. To insist on doing otherwise makes her as controlling as you claim Dad is.
 

LdiJ

Senior Member
stealth2 said:
This particular issue doesn't have to cost her any legal fees. Unless the child has significant medical expenses, this just doesn't seem to be a hill worth dying on. So tell Dad "fine, we'll drop the kid off stepdad's insurance" and that's it. To insist on doing otherwise makes her as controlling as you claim Dad is.
That's the issue...the child DOES have significant medical expenses...and the secondary insurance is really needed...and honestly, this particular dad truly is a "control freak". I don't think I have ever encountered one that is worse...male or female.

He has had three attorneys resign because they don't want to deal with him anymore....and the child is only 2.
 

Ambr

Senior Member
LdiJ said:
What is the name of your state? Indiana

Cp mom's husband recently got a new job and also added the child to his insurance because it didn't cost any extra and it made economic sense to have secondary coverage.

The Custodial Parent's mom's husband.......Grandpa???

How did grandpa get insurance on the grandkid?
 

LdiJ

Senior Member
Ambr said:
The Custodial Parent's mom's husband.......Grandpa???

How did grandpa get insurance on the grandkid?
Read it again "CP mom's husband"..the husband of the CP mother.
 

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