Insurance after child turns 18

[gsmith49]

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

Is there any way I can petition the courts for my sons donor to continue to provide medical insurance for him after he turns 18? He will be will college and has a condition that requires insurance. I pay the deductible and copays for all his visits even though the court order states bio dad is responsible for 50%.

Any suggestions?

 

[Zigner]

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

Is there any way I can petition the courts for my sons donor to continue to provide medical insurance for him after he turns 18? He will be will college and has a condition that requires insurance. I pay the deductible and copays for all his visits even though the court order states bio dad is responsible for 50%.

Any suggestions?

 

[LdiJ]

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

Is there any way I can petition the courts for my sons donor to continue to provide medical insurance for him after he turns 18? He will be will college and has a condition that requires insurance. I pay the deductible and copays for all his visits even though the court order states bio dad is responsible for 50%.

Any suggestions?

You can try...but there is no guarantee that you will succeed.

 

[Ohiogal]

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

Is there any way I can petition the courts for my sons donor to continue to provide medical insurance for him after he turns 18? He will be will college and has a condition that requires insurance. I pay the deductible and copays for all his visits even though the court order states bio dad is responsible for 50%.

Any suggestions?

Your son's donor has NO responsibility for him. Now if you mean your son's father, that is possible. But you need to check your attitude. He is NOT bio dad by the way. HE IS DAD.

When is the last time you sent him the bills and receipts for all the visits? When is the last time you told dad about a doctor's appointment BEFORE it happened? When is the last time you send dad the EOBs and outcomes of the medical appointments and not just demanded money. When is the last time you filed a motion to show cause for him not following the court order?

If this man is a "donor" then what are you? An egg incubator? Should we call you the incubator? Your disrespect for the man you allowed to impregnate you is noted. You apparently should have chosen better. Suggestion: Grow up and treat this man like your son's father and not just an annoyance.

 

[Silverplum]

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

Is there any way I can petition the courts for my sons donor to continue to provide medical insurance for him after he turns 18? He will be will college and has a condition that requires insurance. I pay the deductible and copays for all his visits even though the court order states bio dad is responsible for 50%.

Any suggestions?

"donor" = oh, so very angry. This is a legal site: 'donor' is a legal term, and you are misusing it. Just facts, please.

What does your court order state? Have you talked to Dad about this?

 

[gsmith49]

Sorry about the term I used as it was obviously not the correct one. He has only seen his child for 5 minutes (during the DNA test) and wants nothing to do with him which is why I called him that. His biological father and I do not have ANY contact with each other or else I would try to work something about with him. He started paying child support when the child was 13 and started providing insurance when he was nearly 15 due to the court order being enforced.

 

[Ohiogal]

Sorry about the term I used as it was obviously not the correct one. He has only seen his child for 5 minutes (during the DNA test) and wants nothing to do with him which is why I called him that. His biological father and I do not have ANY contact with each other or else I would try to work something about with him. He started paying child support when the child was 13 and started providing insurance when he was nearly 15 due to the court order being enforced.

Well if you have NOT sent him bills and proof that you have paid your portion, he owes you NOTHING of it. He is entitled to copies of the bills and such before he pays his portion of them. And quite frankly, when does your child turn 18? When does he graduate from high school? Why don't you have contact with dad? When was paternity established?

 

[justalayman]

Well, at least it appears he is complying with the order for child support and the insurance.



So, what does that order say to the issue once your child turns 18?

 

[Silverplum]

Sorry about the term I used as it was obviously not the correct one. He has only seen his child for 5 minutes (during the DNA test) and wants nothing to do with him which is why I called him that. His biological father and I do not have ANY contact with each other or else I would try to work something about with him. He started paying child support when the child was 13 and started providing insurance when he was nearly 15 due to the court order being enforced.

Okay.

See here: http://www.nyelawyer.com/faqs/child-support/

(I have no connection with the link, just providing info.)

 

[gsmith49]

I am not asking for a PENNY back from him or any money for him when the child turns 18. He already has another child on his insurance plan with his union so he does not pay anything extra for mine as a family plan is required. I have actually paid the yearly deductible all three years so that my son could have medical care. He will turn 18 next year. Paternity was established 4 years ago.

 

[Proserpina]

I am not asking for a PENNY back from him or any money for him when the child turns 18. He already has another child on his insurance plan with his union so he does not pay anything extra for mine as a family plan is required. I have actually paid the yearly deductible all three years so that my son could have medical care. He will turn 18 next year. Paternity was established 4 years ago.

As a general rule, the court will order what you're asking only if Dad can insure him at a sensible rate.

"Sensible" is not defined by statute.

 

[LdiJ]

As a general rule, the court will order what you're asking only if Dad can insure him at a sensible rate.

"Sensible" is not defined by statute.

Free however, which appears to be the case in this thread, is pretty darned "sensible".

 

[gsmith49]

Thanks Proserpina. I wasn't sure especially as the law extended the age to 26 years old now.

 

[cbg]

What the law says now is that a parent MAY continue health insurance until their child is 26. If the parent chooses to do so, the employer and/or health insurance carrier cannot refuse them.

It does not have any affect on court orders; nor does it require the parent to provide health coverage. It simply says that IF THE PARENT WANTS TO PROVIDE COVERAGE the employer/insurer must permit it until the age of 26.

 

[gsmith49]

What the law says now is that a parent MAY continue health insurance until their child is 26. If the parent chooses to do so, the employer and/or health insurance carrier cannot refuse them.

It does not have any affect on court orders; nor does it require the parent to provide health coverage. It simply says that IF THE PARENT WANTS TO PROVIDE COVERAGE the employer/insurer must permit it until the age of 26.

Which is why I stated I wanted to bring that back to court to have the order modified. My son needs to stay with the doctors and course of treatment he is currently receiving so I wasn't sure if this was solely up to biological dad to decide or if the courts can have a role in determining whether or not he can remain covered.