Being forced to provide health coverage that my kid's can't use

[mistoffolees]

All court orders have originated in MA and here is where jurisdiction lies.

Not totally relevant. You are, of course, correct that the divorce continues to be controlled by MA. But that's not the issue here.

Mom moved to NC and is now receiving insurance coverage by the state. The state wants to recover their money. They have every right to do so and the divorce order has absolutely no bearing on what the state does.

As I said earlier, OP can try to use his divorce order to get ex to reimburse him for the amount being spent on insurance since the order seems to require Mom to provide insurance, but he can't stop NC from collecting (via MA).

 

[wavehopper27]

After speaking with my wife, we have decided to drop her coverage and just go under mine. Since I would be paying for a family plan anyway, the addition of my kids doesn’t increase my premiums at all.

 

[mistoffolees]

After speaking with my wife, we have decided to drop her coverage and just go under mine. Since I would be paying for a family plan anyway, the addition of my kids doesn’t increase my premiums at all.

I thought you said that your insurance wouldn't cover them in NC.

 

[wavehopper27]

It doesn't, but there is no longer a need for me to attempt to recoup costs since the addition of my children to the policy won't increase my premiums.

When I said I spoke to my wife, I was referring to my current spouse, in case there was any confusion.

 

[mistoffolees]

It doesn't, but there is no longer a need for me to attempt to recoup costs since the addition of my children to the policy won't increase my premiums.

This is foolish. So you want your kids to have no insurance?

Mom will be entirely within her rights to continue to have Medicaid cover the kids in NC since you're not providing insurance. And you will continue to have the right to try to collect the money from Mom per the court order.

But "it's OK for the kids to have no insurance because it won't cost me anything that way" is not a reasonable solution.

 

[xylene]

This is foolish. So you want your kids to have no insurance?

Mom will be entirely within her rights to continue to have Medicaid cover the kids in NC since you're not providing insurance. And you will continue to have the right to try to collect the money from Mom per the court order.

But "it's OK for the kids to have no insurance because it won't cost me anything that way" is not a reasonable solution.

That makes no sense.

He has decided to go with family coverage with his current wife and add his kids to placate the state of Massachusetts (at no added cost.)

The mom continues with medicaid in NC.

Sounds like a good move - and not a hill to die on.

 

[mistoffolees]

That makes no sense.

He has decided to go with family coverage with his current wife and add his kids to placate the state of Massachusetts (at no added cost.)

The mom continues with medicaid in NC.

Sounds like a good move - and not a hill to die on.

Except it's not going to work.

If Mom is receiving Medicaid in NC, then NC will still want to recover their expenditures and will go to MA to collect it. So adding the kids to his own insurance won't accomplish what you're suggesting. If Dad takes his proof of coverage to MA, they're simply going to tell him to clear it up with NC. If he takes it to NC, they're going to say "that doesn't cover the kids" and continue to provide Medicaid.

 

[tuffbrk]

Dad - You may want to talk to your benefits representative. Quite often, medical insurance is "self funded" by the company and it is the company that determines the guidelines to how its plan is administered. If this is true in your company, it is possible that they will make an exception for your 2 dependents. Can't hurt to ask the question of your benefits representative.

 

[wavehopper27]

Per our court order, mom is required to provide health coverage. I am not responsible for that. If she is having financial troubles and cannot afford it, it's not my concern as long as my children are cared for and, so far, I've seen no evidence that suggests they are not not cared for. I have, on numerous occasions, offered to take temporary custody of both kids and not ask for any CS from her to afford her the opportunity to get her financial house in order and she has refused every time.

The health insurance issue was one of many negotiated conditions that we agreed on to secure my permission to relocate the kids to NC. I have upheld my end of the agreement. She needs to do the same.

 

[mistoffolees]

Per our court order, mom is required to provide health coverage. I am not responsible for that. If she is having financial troubles and cannot afford it, it's not my concern as long as my children are cared for and, so far, I've seen no evidence that suggests they are not not cared for. I have, on numerous occasions, offered to take temporary custody of both kids and not ask for any CS from her to afford her the opportunity to get her financial house in order and she has refused every time.

The health insurance issue was one of many negotiated conditions that we agreed on to secure my permission to relocate the kids to NC. I have upheld my end of the agreement. She needs to do the same.

No one has said otherwise. But what you're doing isn't going to accomplish anything. Your adding the kids to your insurance will not force Mom to carry insurance, nor will it get the state of NC to leave you alone.

 

[wavehopper27]

No one has said otherwise. But what you're doing isn't going to accomplish anything. Your adding the kids to your insurance will not force Mom to carry insurance, nor will it get the state of NC to leave you alone.

Then what use is the court order? If the courts have said that she has to provide it and will chase me if they don't depsite the courts saying I'm not responsible then what good is it?

 

[mistoffolees]

Then what use is the court order? If the courts have said that she has to provide it and will chase me if they don't depsite the courts saying I'm not responsible then what good is it?

Pay attention. Several people have told you.

You will have to go back to court and get an order for your ex to reimburse you for what the state is taking out of your paycheck.

 

[tuffbrk]

Per our court order, mom is required to provide health coverage. I am not responsible for that. If she is having financial troubles and cannot afford it, it's not my concern as long as my children are cared for and, so far, I've seen no evidence that suggests they are not not cared for. I have, on numerous occasions, offered to take temporary custody of both kids and not ask for any CS from her to afford her the opportunity to get her financial house in order and she has refused every time.

The health insurance issue was one of many negotiated conditions that we agreed on to secure my permission to relocate the kids to NC. I have upheld my end of the agreement. She needs to do the same.

Now you're annoying me. I have to ask - did you even check to see if your insurance would cover your dependents? Did you check to see if there was an exclusion based on the state of their primary residence? If you didn't then you should have done so. How about your wife's policy? Her health plan also does not cover services out of state? Both of you only have access to one possible health plan?

If you had that clause included because you were well aware that there was some sort of exclusion and you wanted to get over - well then, shame on you for not caring about your children enough to ensure that they have medical coverage. If your order says that Mom has to provide insurance - well, Mom has provided insurance. It's pretty clear that Mom is not in a position to pay for medical insurance but she has enrolled them in medicaid in order to "provide" them with insurance.

Go to court - know what the Family court judge is going to do? Shrug their shoulders, comment that if she doesn't have the resources to pay for private insurance what else can she do but enroll them for state assistance. The children need insurance.

So while you are trying to spite Mom and planning to file for contempt of court, have fun repaying the state for your children's medicaid costs. And by the way - Happy holidays! Your concern and generosity to your children is truly inspiring.

 

[wavehopper27]

Pay attention. Several people have told you.

You will have to go back to court and get an order for your ex to reimburse you for what the state is taking out of your paycheck.

They are taking nothing from my check. The only thing they did was require my employer to add my kids to my insurance which forced me into a family plan. We just cancelled my wife’s insurance and put us all under my plan which no results in no additional out of pocket costs to me.

 

[strongbus]

OP you have 2 different things going on here.

1st the court order in MA. This is being followed by both you and your ex.

2nd dealing with the state of NC for medicaid. Do you pay CS to your ex at all? Cause what may happen when NC finds out that your works insurance won't pay for stuff in NC is they could make you do one of 2 things.

1. get some insurance in NC for the kids or

2. Have you pay the state of NC the CS and they take a part of it for the medicaid stuff. If you don't pay any CS you might find NC open a CS case for your ex in NC to make you pay some.