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Who is Responsible for Health Insurance, is she in contempt of the support order??

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NCPhelp

Member
What is the name of your state? New York.

My husband's son is 19 years old, soon to be 20 years old. He is graduated from high school and working. Did not, and does not intend on going to college or trade school. My husbands support order reads "mother is to continue to cover the child for health insurance and father is to reimburse her for 50% of uninsured medical, dental, eyeglass, etc. expenses. She is further ordered to submit explanation of benefits to father and he reimbursed her the 50% of the uninsured portion.

My question is this. We do not think the son has any health insurance. I don't think he can be carried under his mother's plan anymore since he is graduated from high school and not going on to college. If the mother submits a medical bill to us for the total, are we obligated to pay 50% of it.

For example, he goes to convenient care, and the bill is $175, he does not have insurance, so the bill is his responsiblity, she then send us the bill and expects us to pay $87.50? Is she in contempt of the support order because she does not have health insurance on the son? Are we responsible for 50% of total bill?

If she send us the bill, can we request her to show proof that he is insured?

Thanks for you help.

NCPHelp
 


Have the ex wife check her health plan because on my ex husbands plan, my kids are covered until they reach 22.

His plan even paid for our oldest when she(she was not married at the time) had her 1st child and she was 21; however, it did not cover the newborn once he was born, only the pregnancy bills related to her.

All my divorce stated that he was to carry the medical. They did drop our daughter at the age of 22 automatically.
 

NCPhelp

Member
reply to OutragedMom

My husband and his son's mother were never married, so there is no divorce decree. All's it says is that the mother is to cover the son for health insurance and the father is to pay 50% of the premium to cover just the son, and also to reimburse her for 50% of the uncovered medical bills, medical, dental, eyeglass, prescriptions, etc.

The cost for the premiums is added to his weekly support payment.

We have not heard from the mother since June of 2005, when she sent my husband $350 worth of bills. New eyeglasses, dental checkup and graduation expenses. I wonder now if she was getting those in just before she graduated cus she knew he would not have insurance after that.
 

CJane

Senior Member
NCPhelp said:
What is the name of your state? New York.

My husband's son is 19 years old, soon to be 20 years old. He is graduated from high school and working. Did not, and does not intend on going to college or trade school. My husbands support order reads "mother is to continue to cover the child for health insurance and father is to reimburse her for 50% of uninsured medical, dental, eyeglass, etc. expenses. She is further ordered to submit explanation of benefits to father and he reimbursed her the 50% of the uninsured portion.
Til when? When is a child no longer a minor in NY?
 
I just want to say something that I did not state in my previous post:

Even though my kids are covered under his plan until the age of 22, does not mean that he has to still carry the family plan once the kids reach the age of majority designated by your state.

He continues the family plan because there isn't a big decrease if he dropped to just employee only. And I do not ask him for reimburstments that the plan does not cover. I am just greatful that he still has it.
 

NCPhelp

Member
??

So if she sends a medical bill requesting the % of the total bill, am I right that we would not need to pay it?

Especially since the mother would be in contempt of the court order for her failure to not have health insurance on the son.

We only have 16 months to go on support til it ends when he turns 21.
 
I would tend to say yes, if it stated some where in the section about medical that it is until the age of majority, but that I am not sure of.

Wait an see if any other posters have the legal answer to that!
 

NCPhelp

Member
thanks

We just want to be prepared when she drops something like this. I am hoping it does not happen for we have not heard from her in almost a year, but we never know.

Thanks for your input, I appreciate it, and good luck to you.
 

CJane

Senior Member
NCPhelp said:
So if she sends a medical bill requesting the % of the total bill, am I right that we would not need to pay it?

Especially since the mother would be in contempt of the court order for her failure to not have health insurance on the son.

We only have 16 months to go on support til it ends when he turns 21.
Yeah, you're right that WE don't have to. But your husband does unless there's a caveat in the decree that makes his obligation to pay 50% conditional upon her providing insurance, or using an in-plan provider.
 

NCPhelp

Member
I don't see anything in the current support order to that effect. All's it says is the insurance is the obligation of the custodial parent and the premium amount and % reimbursement for the uninsured is the NCP obligation, but if there is no insurance is my husband still responsible for the % of uninsured when the CP neglected to provide health insurance for the child?

His support order is very unclear. It does not state an ending date, which I know now is 21cus that is the age of majority in NY, but the order is very vague.


Thanks,
 

LdiJ

Senior Member
CJane said:
Til when? When is a child no longer a minor in NY?
In NY its age 21. Which means that the insurance company would not be permitted to drop the son's coverage before age 21. Therefore, the whole discussion is probably moot.
 

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