Health Care Coverage - California

[yolandanewell]

What is the name of your state? California

I have FINALLY gotten DCSS involved in intercepting my exhusbands wages for child support. His employer had open enrollment available in October for health care coverage. In spite of the DA telling his employer to enroll our daughter - they allowed my ex husband to claim that he was purchasing another policy because "he cannot afford the insurance through his job". Last week the DA phoned his employer and once again told them to enroll her. I confirmed through the DA that she was supposed to have been enrolled last weds. My ex husband just informed me again this evening that his employer did not enroll our daughter because he cannot afford it.

Last week I confirmed with the DA that his child support combined with the insurance premium did not equal 50% of his wages which would have been the only way out of his having to provide health care coverage for her.

He is claiming that if I phone the DA tomorrow again that he will be fired.

I fully plan on phoning the DA as tomorrow is the last day prior to the holiday weekend and our daughter needs medical attention for her ear infections... I fully plan on taking her to her pediatrician that I had through my old insurance (I dont have any available until January) - it would be nice if I knew which doctor to take her to under this insurance policy that she was supposed to have been enrolled in last week...

Any advice???What is the name of your state?

 

[CourtClerk]

You don't have to worry about open enrollment. A court order will work wonders on that whole open enrollment problem. That solves one problem.

Now... the next problem is does the combined health insurance and support garnishment equal the whole 50%??? If it does, then you are out of luck with employer sponsored health insurance, but he is entitled to go elsewhere to cover the child (like purchasing a healthy families policy or an individual plan). Orders for health insurance in CA are usually written that he/she is to provide insurance if it is available to them at low, reasonable or no cost.

 

[yolandanewell]

Courtclerk!!!!

Hey ya friend!!!

When I had a rep on the phone last week from DCSS I had told her that if I needed to go purchase a policy on my own (which is quite expensive) due to the fact that the support and insurance was putting him at the 50% mark than I would just have to do that... she told me that "that is not the case and they MUST enroll her". In fact she went so far as to say that they had told her that they would retro back to the first of this month.

To be really quite frank and honest.. I'm sick of hearing that he "cannot afford" to help me take care of our daughter... his support order isn't even what I pay in daycare alone (which he also doesn't pay his half - as ordered)...

I gotta raise at work and my exhusband told Healthy Families that he was enrolling her in his insurance in October 2007 - so I'm no longer getting Healthy Families for her... I'll try them again tomorow morning.

 

[CourtClerk]

You tell that CSO to get off her ass and do the research... no judge on this great green earth is going to make him get medical insurance at his job if (1) the deduction is over the 50% or (2) he can get a compatible policy somewhere else, cheaper. If she has any questions, go find one of those staff attorneys in their offices, poke their head in the door and ask.

You have no responsibility to find the insurance for him. He has to do it, although I would say that if baby needs to go to the doctor, then yes, you need to secure insurance for him (never leave that in someone else's hands anyway). If you no longer qualify for Healthy Families, then have him apply for the baby and see if he does.

 

[yolandanewell]

Thank you!

They seem to be trying to help however... this has been dragging on for MONTHS with her health care coverage... it's frustrating.

I asked point blank last week if I needed to go find a policy for our daughter and was told don't do that because HE must provide it... I was told last weds that she was getting enrolled THAT DAY and by Monday I would receive the information as to the policy, doctors available under that policy and my portion of the amount due to pay for that policy... none of that has happened...

I'll be taking her today to her pediatrician that was covered under healthy families and just foot the bill... that's just part of being a mom... I suppose I got over excited when they told me last week that she was being enrolled in bonified coverage which would have really alleviated my portion of her health care...

THANK GOD I have coverage available through my new job in January... phew... I can go back to being in 100% control over her care... trying to rely on dad and the system is just placing me further into debt... I could have had this taken care of last week... but they told me "no don't do that"... grrrrr

I hope they're not too busy with their pre-thanksgiving celebration to help me this mornin... they open at 7... I'll let you know what happens.

Thanks so much!!!! You've always been so very helpful!!!

 

[CourtClerk]

If you end up covering the baby on your policy, go back to CSSD and tell them that you have not been able to get dad to provide coverage and you want half the premium to reflect that on your child support order (read: modification). They may himmm and hawww, but if it doesn't get done in a timely (CSSD's definition of timely for modifications here is 9 months to 1 year), then remember that anytime you decide you need to do anything to that child support order, you do NOT have to go through them. You can file the motions yourself. They will appear in court after you have all the parties served (them and dad).

 

[yolandanewell]

Courclerk...

Lady, you are GOOD!

Thank you so much!

The judge is so sick of seeing our faces - however my motion on contempt was not frivilous (remember I filed the contempt charges in July ) - it has been the ex husband and his pregnant girlfriend filing motion after motion of ridiculous attempts to get out of financial responsibility. If I have to keep pushing this issue than I will... I had NO IDEA that I could ask that his child support order be modified to reflect his portion of the premiums due... THANK YOU!

It actually only took from July 5 through October for them to catch up to his wages. I've somewhat made friends with the women down there...

If he is not going to be a decent "daddy" than the least I can do for our daughter is make sure that she is getting what she would from a decent father... if that means mommy has to keep after him.. than I will...

It's getting easier to do what is right without feeling like I'm digging for more money... - THANK YOU!

 

[yolandanewell]

LIVID!! DCSS let him off the hook

Well yesterday got me NO WHERE! I am absolutely FURIOUS that DCSS told me last week NOT to purchase an insurance policy as they were FORCING my exhusbands employer to enroll our daughter in his insurance at work. I phoned DCSS yesterday morning at 7am.. they promised to call his employer and find out what was going on... by 3pm I had heard nothing. When I phoned they told me that he couldn't afford it and that at this time Kalea is not covered. Last week his job had said that they were enrolling her and even making her policy retro back to November 1.

All my exhusband had to do is say "I can't afford it" and he is off the hook. Meanwhile I have a 3 year old little girl that has poor ears - she had a drs. appointment yesterday that I had to pay full price for (which is just life, I understand... not complaining AT ALL about taking care of her needs). What he DID do is enroll Kalea into his Vision and Dental plan - she has raging ear infections... tubes... has been through numerous surgerys ... now what the heck am I supposed to do with a vision and dental plan????????

I can clearly see that it is time to modify the order.

I have no coverage at work until 1/26/07 - my questions are

Can I request a modification of the child support prior to my insurance becoming available? He has been at his new job for several months now. The order in place is reflective of his $10 hourly wage at a printing shop last year... he is now back in the medical field. I know his wages have increased... the order is from August 2006

He is ordered yet fails to provide 1/2 of Kalea's Child Care expenses... can I request that those fees also be placed into the garnishment or do I have to sue him civilly? Since 10/05 I have paid $100 weekly on my own.. his unpaid half is over 5 grand.

He is facing trial in February for a terrorist threat (violation of a Domestic Violence Restraining Order) - will the judge slap my hand for filing yet another motion prior to this hearing? (I filed contempt in July and ammended that filing to reflect unpaid child support) My ex husband then filed 4 different motions for various reasons ranging from requests for joint physical custody to DVRO of his own.. all denied

WHO DO I COMPLAIN TO ABOUT THE DANG DCSS??!!! I am absolutely FURIOUS that I was flat told last week to NOT purchase a policy for Kalea on my own - that they were FORCING his job to do this... I will take care of this immediately, of course, however I am just LIVID that I could have had this WEEKS ago - I began forcing this issue in October with DCSS when I lost her healthy families plan and was told that he had open enrollment in October which is when SCSS started leaning on his job for coverage. Kalea has serious medical issues with her ears... while covered under my policy she had montly visits in order to keep a close eye on her ears. I feel completely out of the loop - I have NEVER recvd correspondence on the status of this matter (her gaining coverage under dads policy) and yesterday after my telephone call with a woman that basically said "we work hours and hours on the phone everyday - we cannot get back with you for 48 hours" - Ok.. my first call was LAST MONTH - all I am trying to do is get her health care covered and like an idiot I listened to someone else and trusted that what they were saying was true.

grrrrrrrrrrrrrrrrrrrrrr... OH YES... happy Thanksgiving!!!!!!!

 

[CourtClerk]

Well yesterday got me NO WHERE! I am absolutely FURIOUS that DCSS told me last week NOT to purchase an insurance policy as they were FORCING my exhusbands employer to enroll our daughter in his insurance at work. I phoned DCSS yesterday morning at 7am.. they promised to call his employer and find out what was going on... by 3pm I had heard nothing. When I phoned they told me that he couldn't afford it and that at this time Kalea is not covered. Last week his job had said that they were enrolling her and even making her policy retro back to November 1.

I hate to say this, but get a phone number INTO THE OFFICE and call and speak to a supervisor. They may be actually working on getting the company to cover the baby. The company is in violation of a court order if he has insurance available to him and ...(we've discussed the garnishment % ad nauseum... you're probably sick of me saying it too). The key is to get a supervisor to start digging and find out what they are doing. Let them know you have a sick baby that needs medical attention. Believe it or not, they are mommies and daddies too... they've got a soft spot for that stuff. I almost feel bad for the phone reps because they are absolutely powerless. They are basically receptionists.

All my exhusband had to do is say "I can't afford it" and he is off the hook.

Not necessarily...

Meanwhile I have a 3 year old little girl that has poor ears - she had a drs. appointment yesterday that I had to pay full price for (which is just life, I understand... not complaining AT ALL about taking care of her needs).

Save the receipt. If you do get her enrolled in his medical insurance, the insurance company should reimburse you. If not, then you have a civil cause of action towards him.

What he DID do is enroll Kalea into his Vision and Dental plan - she has raging ear infections... tubes... has been through numerous surgerys ... now what the heck am I supposed to do with a vision and dental plan????????

Take her to the dentist and get her an eye exam!!!! Ok...that wasn't the answer you were looking for. I know.

I can clearly see that it is time to modify the order.

I have no coverage at work until 1/26/07 - my questions are

Can I request a modification of the child support prior to my insurance becoming available? He has been at his new job for several months now. The order in place is reflective of his $10 hourly wage at a printing shop last year... he is now back in the medical field. I know his wages have increased... the order is from August 2006

Yes, in California, support can be modified (or at least they find the modification request justifiable) when the order would change by $50 or 20%. CSSD is slow about it, so you may want to go down to the courthouse that the case is being heard out of and get some help in filing your own modification.

He is ordered yet fails to provide 1/2 of Kalea's Child Care expenses... can I request that those fees also be placed into the garnishment or do I have to sue him civilly? Since 10/05 I have paid $100 weekly on my own.. his unpaid half is over 5 grand.

Take this back up with the judge. If he's not paying you through the order, why waste your time on a civil suit? He won't pay you then either. Those who disobey one court order will probably disobey another.

He is facing trial in February for a terrorist threat (violation of a Domestic Violence Restraining Order) - will the judge slap my hand for filing yet another motion prior to this hearing?

Don't know... every judge is different, however, they seem to get peeved when one is intentionally violating orders of the court.

(I filed contempt in July and ammended that filing to reflect unpaid child support) My ex husband then filed 4 different motions for various reasons ranging from requests for joint physical custody to DVRO of his own.. all denied

What happened to YOUR motions?

WHO DO I COMPLAIN TO ABOUT THE DANG DCSS??!!! I am absolutely FURIOUS that I was flat told last week to NOT purchase a policy for Kalea on my own - that they were FORCING his job to do this... I will take care of this immediately, of course, however I am just LIVID that I could have had this WEEKS ago - I began forcing this issue in October with DCSS when I lost her healthy families plan and was told that he had open enrollment in October which is when SCSS started leaning on his job for coverage.

A written complaint to the DCSS office, then the Ombudsperson. I don't have the phone number at home, however, you may be able to find it on the State Child Support website. Use google. If it's not there, let me know.

Kalea has serious medical issues with her ears... while covered under my policy she had montly visits in order to keep a close eye on her ears. I feel completely out of the loop - I have NEVER recvd correspondence on the status of this matter (her gaining coverage under dads policy) and yesterday after my telephone call with a woman that basically said "we work hours and hours on the phone everyday - we cannot get back with you for 48 hours" -

This is unfortunately true... and remember what I said about them being powerless????

Ok.. my first call was LAST MONTH - all I am trying to do is get her health care covered and like an idiot I listened to someone else and trusted that what they were saying was true.

grrrrrrrrrrrrrrrrrrrrrr... OH YES... happy Thanksgiving!!!!!!!

Working with them will eventually work, but as I have stated on NUMEROUS occasions, if you are not on welfare you are so far down on the totum pole it's ridiculous. I'll tell you, I think I only get the results I do on my case because I used to work for them and they have figured out I know who to call with what issue and I'm not afraid to start yelling and cursing. I can sometimes tell them how to do their job better than they can do their job. Also, I stopped calling the call center, I call directly into the office and speak to someone there. All the people at the call center can do is read you what they see on the screen and if they can't help you, or see that something needs to be done, send a message to the local office. That's their function... unfortunately.

 

[yolandanewell]

Hey her teeth are close to her ears!

I hate to say this, but get a phone number INTO THE OFFICE and call and speak to a supervisor. They may be actually working on getting the company to cover the baby. The company is in violation of a court order if he has insurance available to him and ...(we've discussed the garnishment % ad nauseum... you're probably sick of me saying it too). The key is to get a supervisor to start digging and find out what they are doing. Let them know you have a sick baby that needs medical attention. Believe it or not, they are mommies and daddies too... they've got a soft spot for that stuff. I almost feel bad for the phone reps because they are absolutely powerless. They are basically receptionists.

I FEEL A LITTLE BAD FOR GETTING SO ANGRY - HOWEVER THEY REFUSED TO UNDERSTAND THAT ALL I NEEDED TO KNOW IS WAS SHE COVERED... I'LL GO INTO THE OFFICE MONDAY MORNING

Not necessarily...
THOSE WERE THE WORDS USED BY BOTH DCSS AND HIS JOB "IF HE CAN'T AFFORD IT WE CAN'T MAKE HIM" HOWEVER THE PREMIUM WOULD CERTAINLY NOT PUT HIM AT THE 50% MARK - DCSS TOLD THIS TO ME LAST WEEK WHICH IS WHY I DIDN'T PURCHASE THE POLICY - HIS JOB SAYS HE REFUSES TO SIGN THE PAPERWORK

Save the receipt. If you do get her enrolled in his medical insurance, the insurance company should reimburse you. If not, then you have a civil cause of action towards him.

AT SOME POINT I CANNOT WAIT TO JUST LET THIS GO!!!

Take her to the dentist and get her an eye exam!!!! Ok...that wasn't the answer you were looking for. I know.
IF I KNEW WHERE TO TAKE HER OR WHAT THE PLAN WAS, TRUST ME I WOULD (THANKS FOR THE FUNNY!!)


Yes, in California, support can be modified (or at least they find the modification request justifiable) when the order would change by $50 or 20%. CSSD is slow about it, so you may want to go down to the courthouse that the case is being heard out of and get some help in filing your own modification.

GONNA HAFTA

Take this back up with the judge. If he's not paying you through the order, why waste your time on a civil suit? He won't pay you then either. Those who disobey one court order will probably disobey another.

TRUE

Don't know... every judge is different, however, they seem to get peeved when one is intentionally violating orders of the court.

I DON'T KNOW ABOUT THAT... JUST THE OTHER DAY IN COURT MY EX ADMITTED TO NOT ATTENDING THE COURT ORDERED COPARENTING COUNSELING (I DID AND PAID FOR IT) AND THE JUDGE SAID, "IT WOULDN'T HAVE WORKED ANYWAY" AND DISMISSED THE ORDER FOR THE COUNSELING... THE JUDGE SEEMED TO CARE LESS THAT HE BLATANTLY IGNORED THE ORDER TO ATTEND...

What happened to YOUR motions?

THEY HAVE BEEN BURIED IN THE B.S. TO BE HONEST WITH YOU... I HAD TO FIGHT THIS WEEK TO EVEN GET THE CASE ON THE CONTEMPT FOR VIOLATION OF DVRO TO CONTINUE ON... THE JUDGE WANTED ME TO DROP IT... HIS WORDS WERE "LIFE WOULD BE SO MUCH EASIER IF YOU FOLKS WOULD JUST GET ALONG"... I HAVE DCSS ATTACHING HIS WAGES, CHILD SUPPORT TAKEN CARE OF... BUT AS FOR THE DVRO VIOLATIONS.. TRIAL IN FEBRUARY 08

A written complaint to the DCSS office, then the Ombudsperson. I don't have the phone number at home, however, you may be able to find it on the State Child Support website. Use google. If it's not there, let me know.

Stanislaus County DCSS
P.O. Box 4189 (mailing address)
251 East Hackett Road (office address)
Modesto, CA 95352-4189
Telephone: (209) 558-3000 Public Line
FAX: (209) 558-3135
Internet: www.stanislaus-da.org/family2.htm
Ombudsman: (209) 558-3081

This is unfortunately true... and remember what I said about them being powerless????

I FEEL BAD FOR BEING SO UPSET YESTERDAY WITH THEM.

Working with them will eventually work, but as I have stated on NUMEROUS occasions, if you are not on welfare you are so far down on the totum pole it's ridiculous. I'll tell you, I think I only get the results I do on my case because I used to work for them and they have figured out I know who to call with what issue and I'm not afraid to start yelling and cursing. I can sometimes tell them how to do their job better than they can do their job. Also, I stopped calling the call center, I call directly into the office and speak to someone there. All the people at the call center can do is read you what they see on the screen and if they can't help you, or see that something needs to be done, send a message to the local office. That's their function... unfortunately.

THANK YOU AGAIN!!! I'LL WORK IT OUT! EVENTUALLY - JUST HOPE ITS BEFORE SHE TURNES 18.... BUT HEY... SHE'LL HAVE GREAT VISION AND DENTAL HAHAH... GOBBLE TILL YA HOBBLE, MY FRIEND

 

[yolandanewell]

The Ombudsman Angel!!!!!

Considering the frustration that I've been experiencing with getting my exhusband to step up and provide insurance for our daughter through his employer (he's never provided throughout her life - I have always done so.. however do to change in employment I have none available until January 08) I was advised here to contact the ombudsman of our local DCSS ... I left a pretty lengthy message over the holiday for the ombudsman and today I got a call from her.

She phoned my ex husbands employer and informed them that since he was refusing to cooperate (she was told by his employer that his adamant refusal has taken up SEVERAL hours of their own staff time - they're trying to help him he is refusing to cooperate) the employer will enroll her in the most reasonable medium plan available to him - or deal with the attorneys of the state.

Apparently they are enrolling her with it being retroactive through October 1 - (last time I was told nov 1st however he became eligiable for coverage as of October 1)..

The Ombudsman was VERY kind and understanding and it seems that she will follow through.. we shall see how it goes.

This just goes to show that unless I had had the correct avenue to direct my complaint to (thanks to Court Clerk.. THANK YOU) that I was prepared to just forget it all...

Very grateful for the help I'm getting here..

Yolanda

 

[CourtClerk]

Very good!!! Glad it worked out for you. Calling the Ombudsman is like telling your mommy on you, but when you start to call CSSD and they start documenting your concerns (because they do document each and every contact), when the Ombuds person has to get involved, you start to see results... quickly usually. I am impressed that you got a call this quick. Down here in these parts, it can take a week to get a return call, sometimes 2. Shoot, I called once and by the time they called me back, I forgot why I had called them in the first place.

Stay on them.

And your very welcome.

 

[yolandanewell]

Feeling "greedy"

It has taken me a while trying to adhere to the true goal which is getting Kalea taken care of... I have fallen into the pitfall of actually listening to her dad while he complains and fights continuously regarding coming through on his end of the deal and have felt that I was being greedy... your words are SO TRUE.. you cannot MAKE them do anything... however it sure is helpful if the right avenues are introduced to those of us fighting for these rights for the kids in order for us to target the people that will help me enforce the court orders.

I was SHOCKED to hear from her today... I think my message may have portrayed not only my frustration but I carefully included the conflicting information that I had been receiving - which had lead me to believe that my child was ok in the event of needing medical attention without financially devastating me...

We'll see how it goes... thanks!!!!

 

[yolandanewell]

He's at it AGAIN!!!!!

Ok... so I cannot say that I didn't expect this one to come up...

Last night when my ex husband was putting our three year old into her car seat in my car after their visit he leaned over and asked me "WHERE DID THE BRUISES COME FROM"... he then pulled up her sleeve and showed me three little bruises on her forearm around her elbow... much like the ten million little bruises that are on her shins - all condusive with a three year old active child.

Now, the bruises weren't there when I dropped her off at school that morning.. however it is not unusual for her to acquire new ones throughout every typical day of the year.. they are not in an alarming area (back, butt, around the upper arm... ) - now those would have alarmed me...

He informed me that he was calling CPS......AAARRRRRGGGHHHH!!!

A little history... I filed contempt charges on him in july 07 for violation of a DVRO... he and his pregnant girlfriend then launched an INSANE filing of the OSC's with the court ranging from accusations that our child needs mental counseling - requests for joint physical custody, claims that I am "bizarre", requests for DVRO's... on and on and on.
Judge stopped those by telling him to quit filing repeatedly.

Girlfriend then launched into a personal campaign against my sanity... called my job, daycare, doctors, kept coming to the exchanges then calling the police saying that she feared for her physical safety... I filed for a restraining order... judge embarassed the hell out of the woman... then all of that stopped

My ex husband then began calling the police on me REPEATEDLY... sending them to our home, my job - having them call my cell phone. The chief of Police put a Premise history onto my residence... I changed my cell phone number... that all stopped.

DCSS attached his wages to begin current support collection along with the $7,500 in arrears... I pushed very heavily to get our daughters healthcare coverage provided by her dads job - DA FORCED his employer to enroll her into a health plan...

NOW he's calling CPS

He is represented by a public defender for the contempt charge of violation of the DVRO by way of a message he left about "coming back and hacking someones head of with a big knife".... His PD is obviously not happy with his behavior (she actually snapped his head off at the last hearing for his outlandish actions AND helped me get the judge to NOT order that I release my new cell phone number to him... as that would mean that the pregnat girlfriend who also happens to still be married to another man... would again have access to me 24 hours per day).

I am tempted to call his attorney and inform her that her client is ONCE AGAIN abusing this system... I welcome CPS to come out and check on our daughter... we have a great home - she's happy healthy and well taken care of... HOWEVER... am I legally able to tell her that IF HE DOES INTERFERE WITH OUR LIVES AGAIN in an obvious attempt to simply make my life a living hell... that I can come after him for damages???

I just want this TO END!!!!!

Can I call his attorney? I represent myself in this case ... what kind of verbiage should I use???