odd question(some may think inconsiderate, but i'm curious)

[ILOVEMYGSM3]

What is the name of your state? ca...usn
as i've stated, and my roomate, his situtaion with his wife...he finally got the statement he needed to give dfas after i typed it last night, so he signed it this morning and sent it with his waiver and proof and USMC legal recomendation on support...well, it appears a custody case cannot be opened in ANY state, as there is a divorce case already in effect here in cali...mom(ex) will not send a BC for child, and it has been shown there is absolutely nothing in effect stating their child is actually his...now, we do know she has state medical on the baby...since there is currently no way to prove paternity(she says, he says, but theres no proof of anything right now)and we're pretty sure he wont be able to see the child this summer to do a home dna test(yes w/court admissible papers)...

i guess the messed up question we have is, although he cannot remover HER from tricare w/o divorce papers, since there is not proof the child is his, can he remove the child from tricare, and Page 2(until paternity proof is obtained)? and if it is his child, just re-add him?

this is not something he is seriously considering, however, he's at his wits end trying to figure this crap out, and the command is all about shutting her up, versus helping their sailor out...they spend more time braggin about his work(yet threatening him w/ nonsupport and alleged adultery charges) than they do about learning the facts...(i thought they'd at least do that, but apparently not, and theres even some 1 where he works who used to live with him and his wife, and can verify the acts he states of her...) also, since she is using the legal at the base where she lives(it is navy) and he may be moving back there this december(possibly due to pcs)can he consult another legal aid at another local base or not?

 

[rmet4nzkx]

He needs an attorney. He might try to filefor visitation as a defacto parentin FL since paternity has not been established but there is some proof of standing for filing for visitation and the Tricare would be proof, he should not discontinue the insurance coverage until his command and base legal approve. I understand about his wife's alledged adultery with another military menber and her cliam that she is pregnant, are there allegations about him and if so are they with another military member? Any relationship suring a divorce can be construed as adultery in th emilitary even in a no fualt state, it can be argued, but it can still be an issue, that may be why they are being so hardnosed. Badapple40 may have more insight.

 

[rmet4nzkx]

http://www.doh.state.fl.us/planning_eval/vital_statistics/birth_death.htm
Have him apply for the BC himself as the father and provide confirmation of the Tricare coverage as a dependent, that should suffice to prove guardianship to obtain the BC.

 

[fozzy2]

Family Law: proceed with caution.

As for disenrolling the child, I believe that it can be done but you may want to think carefully about it. Among other things, if the child is eventually found to be yours then you may be liable for all/any medical expenses incurred while the child was disenrolled. One bit of bad luck and you could be on the hook for thousands of dollars of medical bills - all by your lonesome - as opposed to having the child in the program. You could also face problems from the court (and the military) about "bad faith". Messing with important benefits like that while the matter is under review is often perceived as an attempt to harass the other party, even if it is not an explicit violation of decree/order.
You need lawyerly help, paternity is a tricky legal issue and one that obviously can have very longterm effects.

 

[ILOVEMYGSM3]

she has medicaid on herself and the child as well...actually her boyfriend is another servicemember, and according to her he is about to be D/H discharged, for bah fraud among other things...at the time my roomate was sending her $800/mo, this other sailor was putting $XX into her account as well, but he was telling his command that he was sending the money to his wife. he showed bank stmts to his command that showed transfers on 1 & 15, but do not have acct #'s, and he said it was his wifes, when in fact it was my roomates wife's acct. when that sailors wife complained of NS, he used those statements at first saying he was sending money, when in fact it was going into roomies wifes acct, she was taking the money out(giving him most, buying baby items with rest). when his command heard of this, and then there was a rumor of his being adulterous(on his wife, with another sailors wife) it our current knowledge he will either be D/H'ed or he will be punished severely(everyone knows about the recent audit, you had to have Marriage license and lease here on Camp Pendleton)...we're unsure how his went...

as for the tricare, she said she was admitted to the NAS hosp, but unfortunately, i believe USMC legal said they could/would not(unsure of which)subpeona those records...i had to type his statement for dfas, now we're waiting to see if they want 1 from the guy he and his wife lived with in fla, who now works with him here in ca(he knows of the drunkeness, the spurts of walking out and her being so angry, she ripped apart an OAK canopy bed)...thanks for all the info...

he isnt going to disenroll the baby, for fear something may happen medicaid wont cover. as for the wife, he is dying to get a lawyer's and his hands on those records haha...b/c if she used his tricare for the other man's pregnancy(w/her of course), tricare has already told my roomate they will pursue their own charges and lawsuits for reimbursement on their own....

thanks so much for advice...if theres anything else anyone can think of, please let me know...JL