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Medical insurance

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NC
I'm seeking child support and am waiting for the court to receive
results from the paternity test we recently took. My question is
regarding medical insurance. Her father is self employed and I do not know what kind of insurance he carries for himself but am fairly certain he has a private policy since he has no employer.

My attorney said I should get my daughter off of the medicaid
and pay for a private policy for her and then request that her
father pay half of it when the support amount is calculated.
I'm not sure what to do. It would be around $125 a month to put
her on private and I'm not sure if the father would be ordered to
pay half.
Any advice?
 


I really need some other advice besides from my attorney because
she has made some huge mistakes in my case already that I've had
to correct her on.
 

brisgirl825

Senior Member
Username2005 said:
I really need some other advice besides from my attorney because
she has made some huge mistakes in my case already that I've had
to correct her on.
Get a different atty.

The reality is, is that no one can tell you what a judge will order.
 
It would be too expensive to change attorneys at this point.
Of course noone can tell me what the judge will order.
It would be my decision to either request the father
pay half if I pay her insurance or to keep her on medicaid.
I'm looking for some advice from someone who may have been
in a similar situation or have some legal insight. Thanks.
 

brisgirl825

Senior Member
Username2005 said:
It would be too expensive to change attorneys at this point.
Of course noone can tell me what the judge will order.
It would be my decision to either request the father
pay half if I pay her insurance or to keep her on medicaid.
I'm looking for some advice from someone who may have been
in a similar situation or have some legal insight. Thanks.
My GUESS would be that the judge would like to have the child off of state assistance. So having the father help pay sounds reasonable. More often than not, NCPs are responsible for insurance and that amount is deducted from their CS obligations.

But who knows, it's not up to me.
 

nextwife

Senior Member
I'm a mom. Why don't you do what I do? Why don't YOU work for a place that will provide your child health insurance? And have the court order his CS to cover his portion of the cost?
 

haiku

Senior Member
no one knows what a judge would order but most times being as private ins. is ridiculously expensive, it is usually ordered to be gotten only if there already is a policy in place, or through an employer.

Quite a few states offer insurance for children of low income/self employed parents. You and your ex might want to explore that option.
 
B

betterthanher

Guest
Username2005 said:
NC
I'm seeking child support and am waiting for the court to receive
results from the paternity test we recently took. My question is
regarding medical insurance. Her father is self employed and I do not know what kind of insurance he carries for himself but am fairly certain he has a private policy since he has no employer.
Whether you're "fairly certain" or not is irrelevant. He will be asked to provide any documentation if he has access to affordable health insurance. If he doesn't, then he won't be ordered to carry it.

My attorney said I should get my daughter off of the medicaid
and pay for a private policy for her and then request that her
father pay half of it when the support amount is calculated.
I'm not sure what to do. It would be around $125 a month to put
her on private and I'm not sure if the father would be ordered to
pay half.
Any advice?
Is that $125 just for HER or for you AND her? If you can provide the health insurance, then what usually happens is the NCP's support amount reflects that you pay for the insurance (read = his support obligation will be higher than if he carried it). Have you researched to see if there's any other health insurance offered through the Jobs & Family Services (or whatever it might be called) in your area?

Also, if you are going through a private health insurance, what you pay a year also becomes a tax-deduction.
 
thanks for the responses. To answer some of the questions
asked of me.....$125 would be just to cover my daughter
by adding her on to my current policy which is outrageously
expensive. I guess I could check around with some other
insurance providers.
She is on state medicaid right now which isn't costing me
anything and is for people of low income. I'm not sure that
she will qualify for medicaid once she begins receiving child
support because the income may be over the limit for medicaid.
This is one reason why I'm wondering if I should go ahead and
get her private insurance.

I am not able to work full time currently for a multitude of
reasons so getting a job that provides insurance is next to impossible
for me right now.
 

Grace_Adler

Senior Member
I wouldn't listen to your attorney.

In NC insurance is only required by the NCP if it is available through employment. He's not getting insurance through work correct? If he has a private policy and does not have insurance through work then he isn't required to put her on the policy.

This is what the guidelines say about insurance..

Health Insurance and Health Care Costs


Top

The amount that is, or will be, paid by a parent for health (medical, or medical and dental) insurance for the children for whom support is being determined is added to the basic child support obligation and prorated between the parents based on their respective incomes. Payments that are made by a parent's employer for health insurance and are not deducted from the parent's wages are not included. When a child for whom support is being determined is covered by a family policy, only the health insurance premium actually attributable to that child is added. If this amount is not available or cannot be verified, the total cost of the premium is divided by the total number of persons covered by the policy and then multiplied by the number of covered children for whom support is being determined.

The court may order that uninsured medical or dental expenses in excess of $250 per year or other uninsured health care costs (including reasonable and necessary costs related to orthodontia, dental care, asthma treatments, physical therapy, treatment of chronic health problems, and counseling or psychiatric therapy for diagnosed mental disorders) be paid by the parents in proportion to their respective incomes.

The court may order either parent to obtain and maintain health (medical or medical and dental) insurance coverage for a child if it is actually and currently available to the parent at a reasonable cost. Health insurance is considered reasonable in cost if it is employment related or other group health insurance, regardless of delivery mechanism. If health insurance is not actually and currently available to a parent at a reasonable cost at the time the court orders child support, the court may enter an order requiring the parent to obtain and maintain health insurance for a child if and when the parent has access to reasonably-priced health insurance for the child.

https://nddhacts01.dhhs.state.nc.us/home.jsp?TargetScreen=WorkSheet.jsp

This is also a helpful site.

http://info.dhhs.state.nc.us/olm/manuals/dss/cse/man/index.htm

You can ask for anything in court that you want but it doesn't mean you're going to get it and it doesn't mean he's going to follow the court order. There are no gaurantees on anything.

NC does offer NC Health Choice for children. It is state insurance on children and you pay a certain amount every year for each child and a copay but the only way you can get this is if you DON'T qualify for Medicaid. So you can't get it anyway right now because you qualify for Medicaid. In the event you don't then you can ask to be switched to NC Health Choice, but they're supposed to offer it to you if you end up not qualifying for Medicaid.

If it were me, I'd keep her on it just for now and see if I could still put in the paperwork that you would like to obtain private insurance and at such time that you receive it, that you would like to request he pay half. See if that is an option for you because you can always have the order modified later.

Shop around for different insurance rates, although, I've searched and searched and I can't find anything much cheaper than the rate you found for private insurance.

Once you're able to start working, you can try to get a job that has insurance benefits too.
 

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