Insurance coverage

[billiewood]

What is the name of your state? NC

My fiance cs agreement says he is to pay alloted amount to mother and to provide both kids with medical insurance if it is provide by his employer. Well he just added them on his insurance. It goes in affect tomorrow. We had the SS# for one child but not the other and have a certain amount of time to get the # to the insurance before they drop the 2nd child. We asked the mother and she refused to give it to us said that she was not going to use the insurance that she was keeping Medicaid so she would not have to pay a co-pay. He contacted the cs office and they inturn said they would call his employer and give the ss# to them so we are waiting on that now. However she says she is not going to use the insurance she doesn't want it? Can she acutally refuse the insurance and keep Medicaid? He is doing what the court order says. If she keeps using Medicaid and then they find out he has coverage at work will that get him in trouble or will that be against her.

 

[brisgirl825]

Once medicaid finds out(and they will from cse), they'll either drop the children or will continue to pay as a secondary insurance, if she qualifies. Either way, it's not her choice.

 

[billiewood]

Thanks that is what I thought. She will not qualify once the know the kids have Medicaid. I know she makes more money now than she did before the cs agreement and on top of that she is getting cs payments now. I think she wants to keep because she has it too and knows that if the kids get dropped she will too. I know she has benefits at her work too but I am sure she didn't take them inorder to keep Medicaid. She does not want to pay that co-pay which is only $20 the kids don't go to the doctor that much. She told him if I don't give you the SS# then you cant cover them. But we found other ways to get. She is just being so diffcult. Then someone told me that whatever he pays a month in insurance is seen has child support and could make it where she gets less money. Is that true? If so that may also be why she is being so diffcult.

 

[brisgirl825]

Yes, he can modify the exsisting order to lower cs based on insurance premiums. Does the co already state how to divide non-covered med bills?

 

[billiewood]

He does not want his payments lowered he has no problem paying that plus insurance coverage. The co does not say anything about non-covered medical bills that I have seen.
We are waiting on a date for a court hearing because she wants to get her amount raised. The co they have now as only been in affect for one year. He has got a raise but it is not much and plus he has also picked them up on insurance which is 117 byweekly. The letter we got from cs says she wants an increase to 40% of his monthly income. Is that really possible. His child support is paid byweekly when he gets paid and he has the insurance coverage. He has followed his court order to a T. I can see them maybe raising it a little since he got a raise unless the insurance coverage he is paying now makes up for that but 40%. That to me sounds like a lot.
She told me tho that she thanks she should get even more than 40% basically she said he should be giving her all his money because she is the one with his kids and that I should be paying all the bills because he is living in my house and I make the most money. My income can not be included in his agreement. She doesn't seem to think that. Atleast that is they way I took it.
I decided after that that it was not going to do any good to try to talk to her and settle this thru the cs worker and not the court.

 

[brisgirl825]

There are laws on how much can be taken out of his checks. However, I doubt that she'll get an increase b/c he now has premiums to pay. An increase in cs usually isn't considered based on a raise unless that raise is something like 3% or 4%. And you're right, your income has no bearing.
Does your husband have a lawyer? Let the lawyer do a worksheet for him and see how much it comes out with the raise and insurance premiums. Also, tell your husband to get the division of non-covered bills in a co. He then can decide how to proceed.

 

[billiewood]

Thanks alot. That is the way I have been looking at and trying to explain it to him because he doesn't understand how it all works. I think her main problem is she is somewhat jealous. She was fine and dandy with the way everything was until we got engaged and he moved in with me and my 2 boys. Whom he does not provide anything for money wise. My boys dad and I take care of everything they need. She has even had their daughter call and say "Daddy I am going to have to go to school barefooted if you don't buy me any shoes"
Then she put the daughter in dance which we payed half the monthly bill for but when recital time came around and she had to pay for the outfit and all that she said she was going to have to pull her out because she didn't have the money. The girl was having so much fun and loved doing it so I payed for the recital it was $70 for everything. I am like you could pay half the bill for her to go every month but you can not come up with half the recital cost. But I let it go and paid for.

 

[ablessin]

you are 100% correct, your monthly income has NO effect on HIS CS payment.
The CS is HIS commitment to th kids, and you're legally not bound to them in any way, shape or form.

One child is 17%, two kids is like 20% of combined parental income.
I don't know where she thinks she is going to get 40% but she is in for one rude awakening.
Sounds like she thinks she'll be able to quit her job if she gets 40% CS!!!

Now, as far as the Medicaid, NO - she can't do that and YES she can get into trouble for with-holding insurance information. Medicaid is a government program and it's people like her that screw the system and everyone else suffers from it. "one" can always tip off the social workers at the local Medicaid office that will lead into a case investigation (hint, hint)

His CS payments should reflect the fact that he supports the healthcare premiums.... which I would say is precisly why she is with-holding the kids SSN from him. If I was you, I would apply for (well, he needs to ) a copy of their SS cards and keep them at your home in a very safe place. Birth certificates too...... You may have to pay for each of these items, but in the long run, the small cost now will prove to be a wise financial investment.

good luck

 

[kat1963]

Here one NC calculator, the state also provides one along with the guidelines:
http://www.alllaw.com/calculators/Childsupport/north_carolina/
In addition he should ask for the tax benefit for all the children every year (likely be split or awarded every other tax year). Bring several copies IRS Form 8332 Release of Claim (available on the IRS website for printing) & ask the judge to have her sign it in the court room.
He could also ask that she be held responsible for the first $250 (unless it’s already part of NC guidelines, but I don't think it is) of unpaid medical expenses per year. He has rights too but if he doesn’t learn what they are AND make the request he’s not going to awarded any.
KAT

 

[billiewood]

Now, as far as the Medicaid, NO - she can't do that and YES she can get into trouble for with-holding insurance information. Medicaid is a government program and it's people like her that screw the system and everyone else suffers from it. "one" can always tip off the social workers at the local Medicaid office that will lead into a case investigation (hint, hint)

Oh I have already had this in my mind. I have faxed all the insurance information to the case worker at the CSE. I have also faxed the clerk of court a copy of this and his cs payment history for the court to have when we go for our hearing. I talked to the the clerk of court yesterday and she said she has already started processing every thing. I don't think it really is going to matter how much she gets it is never going to be enough.

Thanks so much for your advice.

 

[billiewood]

He could also ask that she be held responsible for the first $250 (unless it’s already part of NC guidelines, but I don't think it is) of unpaid medical expenses per year. He has rights too but if he doesn’t learn what they are AND make the request he’s not going to awarded any.

He claimed then at tax time for the year of 2002 he gave her almost half of what he got back. She let him claim them that year because he would get more money back claiming them than she would have. The last 2 years since she has gone to work full time she will not let him claim them because she can get back more but yet she sure will not give him anything she gets back.

I will let him know about this and have him bring it up in court.

 

[kat1963]

Yeah, she’s a player. Make sure he brings several copies of that IRS form!!!!
He should also request that she provide copies of unpaid medical bills within 60 day or she forfeits payment (& he is given 60 days to pay). In addition, it might not even come to this but anyway……if he finds himself being billed by the doctors then he simply needs to send them a letter stating that he is did not request treatment nor did he sign guaranteeing payment. They need to bill the responsible party yadda, yadda. If he pays it he'll probably never see her share. Don’t get caught in that trap.
Here is a website that with a ton of additional information for non-custodial parents.
http://www.deltabravo.net/custody/index.html
KAT

 

[billiewood]

Yeah I know she is. I have gave up trying to reason with her on any issue. In her mind everything he gets should be going directly to her becasue she has his kids. She is the on that choice to end their relationship. Yes he should take care of his kids and pay his child support but so should she he did not make them kids by himself.
Thanks for the website I will check it out.

 

[billiewood]

update

We were able to find the SS# in some paperwork the NCP had. So we got that number to his employer. Insurance is a ok and in affect as of yesterday. The CS office has been sent a copy of ihis insurance coverage and what his preimum is.
The ex is not happy that we found the SS#. She is still saying she doesn't want the insurance and is going to find away to keep them on Medicaid.