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rubydanae

New member
What is the name of your state? Texas
My ex husband is required per divorce decree to maintain insurance coverage for our child . My current spouse has voluntarily added the child (his stepchild) to his insurance plan as secondary coverage. Are we required to use the secondary coverage (file medical/dental claims) in all instances?
 


LdiJ

Senior Member
What is the name of your state? Texas
My ex husband is required per divorce decree to maintain insurance coverage for our child . My current spouse has voluntarily added the child (his stepchild) to his insurance plan as secondary coverage. Are we required to use the secondary coverage (file medical/dental claims) in all instances?
Yes, you are. Why wouldn't you want to apply the secondary coverage? I can envision no circumstance where it would be advantageous to you to not use the secondary coverage.
 

Just Blue

Senior Member
What is the name of your state? Texas
My ex husband is required per divorce decree to maintain insurance coverage for our child . My current spouse has voluntarily added the child (his stepchild) to his insurance plan as secondary coverage. Are we required to use the secondary coverage (file medical/dental claims) in all instances?
Why do you ask?
 

rubydanae

New member
Why do you ask?
My reason for asking is because in divorce decree out of pocket expenses are to be split 50/50 between parents. Pretty standard. Let’s say that, If, after court ordered primary insurance is applied, out of pocket expenses are $1,000. Per order, each parent would be responsible for $500 each. A claim against the secondary plan would cover $500 eleiminating my portion of the entire cash payment. According to your response, I would have to apply the secondary claim between myself and ex husband leaving a $500 overall balance (again to be split 50/50). As a step parent he is not obligated to keep the child covered under his policy. The secondary plan was added with the intention of helping US reduce our out of pocket medical expenses for our family. Why would he be expected to split this benefit?
 

stealth2

Under the Radar Member
My reason for asking is because in divorce decree out of pocket expenses are to be split 50/50 between parents. Pretty standard. Let’s say that, If, after court ordered primary insurance is applied, out of pocket expenses are $1,000. Per order, each parent would be responsible for $500 each. A claim against the secondary plan would cover $500 eleiminating my portion of the entire cash payment. According to your response, I would have to apply the secondary claim between myself and ex husband leaving a $500 overall balance (again to be split 50/50). As a step parent he is not obligated to keep the child covered under his policy. The secondary plan was added with the intention of helping US reduce our out of pocket medical expenses for our family. Why would he be expected to split this benefit?
Well, you're still receiving the benefit (250 < 500...) and it benefits the kids... How much is the premium for adding the kids?
 

t74

Member
If other children are insured, your husband is likely getting coverage for his step-child for free; if this is the case, you want all of the benefit at no cost to you. If you do not intend to use your husband's coverage, why did he bother to add the child as a dependent? Is your ex's cost of maintaining coverage for the child included in the child support calculation?

Is it not in your child's best interests to maximize the funds available in both of his families for his support? To not claim a benefit the child is entitled to hurts the child. You want not to use it in order to hurt his other parent.
 

286CSO

Member
I think OP is hoping that the math would benefit them in the following manner:
$1000 Bill
$500 primary ins
Leaving $500 to be split 50/50

She could then submit that to ex at the 50/50, and still submit her potion to the secondary insurance and then not have to pay anything, or the new spouse’s insurance would pay the majority (or all) of her 50%.

Basically, standard game of “stick it to the ex”.
‘Cept it doesn’t work that way.

Oh, and by the way, I’m back. Modified username, but it’s still me.

For those who need to know my bona fides—
former Child Support Officer,
Former Family Court employee,
and successful pro se litigant.
 

Just Blue

Senior Member
I think OP is hoping that the math would benefit them in the following manner:
$1000 Bill
$500 primary ins
Leaving $500 to be split 50/50

She could then submit that to ex at the 50/50, and still submit her potion to the secondary insurance and then not have to pay anything, or the new spouse’s insurance would pay the majority (or all) of her 50%.

Basically, standard game of “stick it to the ex”.
‘Cept it doesn’t work that way.

Oh, and by the way, I’m back. Modified username, but it’s still me.

For those who need to know my bona fides—
former Child Support Officer,
Former Family Court employee,
and successful pro se litigant.
Welcome Back CSO!!

Just Blue...aka; blue meanie
 

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