• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

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

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.
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.
She moved, I didn't. I was carrying both my kids on my insurance happily for years. She decided to move. I could have forced the issue and, at the very least, made it difficult for her to relocate but I didn't. I have offered to take both kids in and not request a cent of CS to allow her to do whatever she needs to get her finances in order.

At the end of the day, there is no reason that her move out of state should result in my costs increasing by even 1 cent. The judge agreed with me. She can always move back here and return to the status quo that existed prior to her move.
 


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.
Yes, I pay CS through the MAss DOR and am 100% current.
 

mistoffolees

Senior Member
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.
Then just what the heck are you whining about?
 
When this happened originally, I was covered under my wife’s health plan. I was forcibly enrolled in my company’s plan to cover my kids. I stated earlier that my wife and I have decided to just cancel her insurance and just use the family plan that I was enrolled in but the thread continued about how this won’t stop NC from trying to collect. I’m fine with this solution and have no need for court intervention at this time.
 

tuffbrk

Senior Member
She moved, I didn't. I was carrying both my kids on my insurance happily for years. She decided to move. I could have forced the issue and, at the very least, made it difficult for her to relocate but I didn't. I have offered to take both kids in and not request a cent of CS to allow her to do whatever she needs to get her finances in order.

At the end of the day, there is no reason that her move out of state should result in my costs increasing by even 1 cent. The judge agreed with me. She can always move back here and return to the status quo that existed prior to her move.
Based on your response, actually the lack thereof to any of the questions posted or any comment to my original suggestion, you put the clause in the agreement with full knowledge that your children would not be covered. Nice.

If you did not want the children moved out of state, you should not have agreed to it. Yet you did agree. Deal with it.
 
Based on your response, actually the lack thereof to any of the questions posted or any comment to my original suggestion, you put the clause in the agreement with full knowledge that your children would not be covered. Nice.

If you did not want the children moved out of state, you should not have agreed to it. Yet you did agree. Deal with it.
There is now nothing to deal with. If you had actually read the thread, you would see that my wife and I have decided to just use my health plan and cancel hers returning our costs to where they were even with the addition of my kids to the policy.
 

Silverplum

Senior Member
There is now nothing to deal with. If you had actually read the thread, you would see that my wife and I have decided to just use my health plan and cancel hers returning our costs to where they were even with the addition of my kids to the policy.
So now the issue is moot? Closed?
 

mistoffolees

Senior Member
I wonder if wife's policy would have provided coverage in NC...
Maybe, but then OP would not have been able to complain about how unreasonable the ex is......

(However, wife's policy might not cover step-kids who don't live in the same household, anyway).
 

Silverplum

Senior Member
Maybe, but then OP would not have been able to complain about how unreasonable the ex is......

(However, wife's policy might not cover step-kids who don't live in the same household, anyway).
They do, for the last couple of years now. All policies. Till age 26. Federal law.

I knew it from personal experience, but I looked up a credible reference. :cool: :p ;)

Easy-to-read Version written here:
http://www.buckconsultants.com/buckconsultants/portals/0/documents/PUBLICATIONS/Newsletters/FYI/2011/FYI022511.pdf

The Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010, (collectively “PPACA”) requires group health plans and insurance issuers that cover an employee’s biological, adopted, step, or foster children to extend coverage to these children until they attain age 26 (“adult child” or “adult children”).

Plans and issuers must make coverage available regardless of the adult child’s marital or student status or whether the child resides with, or is supported by, the employee. (Prior to 2014, a grandfathered group health plan does not have to offer coverage to an adult child who is eligible for health coverage from his or her own employer.) This provision was effective for plan and policy years beginning on or after September 23, 2010.

The law: http://www.healthcare.gov/law/features/choices/young-adult-coverage/index.html
 

tuffbrk

Senior Member
They do, for the last couple of years now. All policies. Till age 26. Federal law.

I knew it from personal experience, but I looked up a credible reference. :cool: :p ;)

Easy-to-read Version written here:
http://www.buckconsultants.com/buckconsultants/portals/0/documents/PUBLICATIONS/Newsletters/FYI/2011/FYI022511.pdf

The Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010, (collectively “PPACA”) requires group health plans and insurance issuers that cover an employee’s biological, adopted, step, or foster children to extend coverage to these children until they attain age 26 (“adult child” or “adult children”).

Plans and issuers must make coverage available regardless of the adult child’s marital or student status or whether the child resides with, or is supported by, the employee. (Prior to 2014, a grandfathered group health plan does not have to offer coverage to an adult child who is eligible for health coverage from his or her own employer.) This provision was effective for plan and policy years beginning on or after September 23, 2010.

The law: Young Adult Coverage | HealthCare.gov
And I'd bet that Mr. Scrooge, who thinks he is soooo smart, did not bother to ask his benefits representative one question. It is quite obvious that his sole objective is to create drama with Mom and drain as much of her resources as he can. Despite being re-married. Despite the impact it will have to her ability to provide for their children. So now he has to pay for the family plan, more funds come out of his paycheck. Sounds apprpriate to me.
 
While it’s true that I have more money coming from my check to pay for family medical, my wife was able to cancel her family plan leaving us with a net loss of 0$
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top