Medical Order

[qurice]

What is the name of your state? TX

My current order (through OAG) is 3 years old and I am ordered to maintain medical insurance for my 2 sons. However, I no longer have insurance available to me through my employment. Mom has had coverage for the children through Medicaid since they were born, even when I did have medical available. Is not having medical available a change in circumstances that would allow me to have a modification?

Thanks

 

[Just Blue]

What is the name of your state? TX

My current order (through OAG) is 3 years old and I am ordered to maintain medical insurance for my 2 sons. However, I no longer have insurance available to me through my employment. Mom has had coverage for the children through Medicaid since they were born, even when I did have medical available. Is not having medical available a change in circumstances that would allow me to have a modification?

Thanks

Why is Medical Insurance no longer available?

 

[qurice]

Why is Medical Insurance no longer available?

I was let go from that job about a year after that order was put in place. I was forced to take a lower paying job that did not offer coverage until after a year of employment. I changed my line of work to try to get my income back up to where it was and I am making a bit more money (still not as much as the time of the order) but it doesn't offer coverage.

 

[CJane]

Hopefully a TXan will be along soon to answer your Q, but I can tell you how it is in my state (MO) and perhaps TX is similar.

In my state, even if the NCP is ordered to provide insurance for the child, unless it's available through the NCP's employment, the state will not enforce that portion of the order. The CP could file contempt against you, but (here) even then the judge is unlikely to rule in their favor on that issue given the cost of private health insurance.

 

[qurice]

Hi everyone. I never got a definative answer on this and was wondering if anyone else knew for sure.

Hope you all had a lovely Valentine's Day!

 

[wondreing]

I'm sorry that I don't have a definite answer for you either. But since your order is 3 years old you could probably file for a review and have it taken into consideration that you don't have medical insurance available to you through your current employer.

 

[MrsK]

I'd file for a review as well, but in some states (hopefully in yours, too) if insurance is not available, then the NCP is not required to carry it...the same thing with the cost, sometimes if the cost is more than a certain % of your income an NCP is not required to carry it.

I hope someone will come along with the specific law of your state.

 

[ceara19]

You are eligible for a review every 3 years. The child support order isn't supposed to be changed unless the difference is 20% or $100 different then the current amount. However, if you no longer carry insurance and your income is still in the same range, the child support obligation is going to go UP. Insurance costs are deducted BEFORE child support is figured.

 

[LdiJ]

You are eligible for a review every 3 years. The child support order isn't supposed to be changed unless the difference is 20% or $100 different then the current amount. However, if you no longer carry insurance and your income is still in the same range, the child support obligation is going to go UP. Insurance costs are deducted BEFORE child support is figured.

However he did mention that the children have always been on medicaid. What impact does that have in TX?

 

[ceara19]

However he did mention that the children have always been on medicaid. What impact does that have in TX?

None, as long as mom qualified legally and affordable insurance really isn't available to either parent.

 

[qurice]

You are eligible for a review every 3 years. The child support order isn't supposed to be changed unless the difference is 20% or $100 different then the current amount. However, if you no longer carry insurance and your income is still in the same range, the child support obligation is going to go UP. Insurance costs are deducted BEFORE child support is figured.

Actually, last I looked at the court order, my net income was not reduced for having the insurance. I didn't know how things worked at the time, and eventhough my order says that insurance was available, all the fields where policy info and premiums were to be subtracted just say "unknown", and no adjustments were made. This is one reason why I would like the order changed to reflect that I don't have insurance available.

If my employer ever gets a plan, I'd be enrolled automatically, and it would SERIOUSLY put a strain on me if I was paying insurance and the amount of CS while I go through the process of modifying my order.

 

[ceara19]

Actually, last I looked at the court order, my net income was not reduced for having the insurance. I didn't know how things worked at the time, and eventhough my order says that insurance was available, all the fields where policy info and premiums were to be subtracted just say "unknown", and no adjustments were made. This is one reason why I would like the order changed to reflect that I don't have insurance available.

If my employer ever gets a plan, I'd be enrolled automatically, and it would SERIOUSLY put a strain on me if I was paying insurance and the amount of CS while I go through the process of modifying my order.

They will only deduct the amount you pay for the child's insurance, which usually isn't much more then the cost of the employee insurance. Your employer can give you this information if & when insurance becomes available.

While the fact that the insurance would be enough to get a review through CSE, it doesn't mean that child support will be adjusted after it is reviewed.

 

[qurice]

Update and more questions

I went ahead and filed for a modification with the local CSE and they received my paperwork in March. (I had originally filed for a mod in August when I lost my coverage, but it was denied because the order was not yet at 3 years.) Last month I received a notice that they will review and they wanted me to send in the financial info again, so I did. Last week, I then got the questionnaire forms AGAIN so I decided to call and see what was going on.

The lady I spoke with says it will take 180 days to complete their process and to call back in August, and I should have the my review meeting by Sept.

In the meantime, I have no insurance available for them and I'm concerned because their mother is going to begin working and medicaid (their current coverage) may no longer be available. With the current order, I'd be responsible 100% for all medical if they have no other coverage. So I guess my questions is what else can I do to speed this up? Could I be held in contempt for not maintaining coverage even though I've been trying to get the order modified all this time?

 

[qurice]

After reading about the problems with the OAG I decided to revive my thread

I called them earlier this month because I was told to call in Aug. They told me I should hear something by the end of this month.

I called them again today because I have heard nothing and now I'm a little confused.

The person I spoke to said that it takes so long because there are only 2 judges for our area. As far as I know, we are supposed to have a review/mediation meeting with OAG and if we don't agree THEN it goes to the judge, at least that's what state statutes say.

I called right back and the other person I spoke with said I probably won't be until the end of Sept to mid Oct.

Is there anything I can do to speed this up? Sometimes I get the feeling that I forgot to do something and no one at OAGs has bothered to tell me