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sjb
journeyman


Reged: 08/12/05
Posts: 50
Health Insurance Coverage
      #609404 - 12/09/09 03:19 PM

Under my CO I am responsible for providing healthcare coverage for my child. The exact language in the order is "...will enroll [child name] in the current available plan during open enrollment each year beginning 1/1/2010."

I have recently married and it is cheaper for my new wife and I to enroll my son on her plan vs my plan. Her plan allows her to cover him step children.

My ex, who is responsible for 35% of the cost, is refusing to pay and is now filing a petition stating that I am not following the order by having my wife cover our son "bc she is not his mother."

It seems silly to me bc 1) he has better coverage 2) it is cheaper for both of us

Anyone think I have anything to worry about?

BTW, please don't lecture me on talking to my ex civilly. She is bipolar not it won't happen


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JennyLynn
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Reged: 07/14/05
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Re: Health Insurance Coverage [Re: sjb]
      #609408 - 12/09/09 03:27 PM

I can't imagine why she's so insistant on not allowing your wife to cover your child when it is cheaper for both of you to do so.

My son is on my fiance's policy, my son's father is still responsible to pay for his portion of his coverage.

How much is the 35% that she's responsible for? Does she pay that directly to you each month?


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ssmom79
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Re: Health Insurance Coverage [Re: sjb]
      #609410 - 12/09/09 03:32 PM

I'd tell her good luck with that. Can you be forced to carry coverage under your plan, yes it is possible. But she is saving money so I can't imagine why she wouldn't take advantage of that opportunity. Your CO doesn't specifically say it has to be YOUR plan, it just says you have to cover the child. So unless she requests the CO to read YOUR responsible for YOUR plan I believe you will not have anything to worry about. Plan to bring proof that A) it is better coverage and B) it is cheaper for all involved and worst case, you lose and have to cover the child yourself. Best case she is laughed out of court.

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sjb
journeyman


Reged: 08/12/05
Posts: 50
Re: Health Insurance Coverage [Re: JennyLynn]
      #609411 - 12/09/09 03:33 PM

Her 35% is $30/month. She is supposed to pay me directly. Like I said, she is bipolar so rational thinking is not always there. Plus, she and I were never married and she doesn't like the fact that I am now married

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sjb
journeyman


Reged: 08/12/05
Posts: 50
Re: Health Insurance Coverage [Re: ssmom79]
      #609413 - 12/09/09 03:34 PM

Thanks ssmom79. I have all the docs to prove coverage and pricing, etc. I just hate to have to waste time off of work for this silliness.

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JennyLynn
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Re: Health Insurance Coverage [Re: sjb]
      #609414 - 12/09/09 03:34 PM

I agree with ssmom. The worst is that you'll be forced to carry him on your own, and she'll be out even more money.

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JennyLynn
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Re: Health Insurance Coverage [Re: sjb]
      #609415 - 12/09/09 03:35 PM

Do you pay CS, or do you have custody?

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sjb
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Re: Health Insurance Coverage [Re: JennyLynn]
      #609416 - 12/09/09 03:38 PM

We have 50/50 visitation and joint physical and legal custody. I pay $850/month in support

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JennyLynn
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Re: Health Insurance Coverage [Re: sjb]
      #609417 - 12/09/09 03:38 PM

Dang...ouch. That stinks.

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sjb
journeyman


Reged: 08/12/05
Posts: 50
Re: Health Insurance Coverage [Re: JennyLynn]
      #609421 - 12/09/09 03:41 PM

Tell me about it. NY does not adjust support down in 50/50 situations.

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JennyLynn
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Re: Health Insurance Coverage [Re: sjb]
      #609422 - 12/09/09 03:41 PM

Ahhh, the great state of NY...yeah. I'm in Oklahoma, we do it very differently.

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sjb
journeyman


Reged: 08/12/05
Posts: 50
Re: Health Insurance Coverage [Re: JennyLynn]
      #609423 - 12/09/09 03:42 PM

it defies logic that the amount is not decreased based upon time but then again this is why our state is 2 billion in the red. our legislature doesn't use logic

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JennyLynn
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Re: Health Insurance Coverage [Re: sjb]
      #609426 - 12/09/09 03:45 PM

Yeah, in situations like yours, it'd definitely illogical for one parent to be paying $850 to the other when you have 50/50 custody.

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MTmom
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Re: Health Insurance Coverage [Re: JennyLynn]
      #609470 - 12/09/09 05:07 PM

Has she actually filed a petition with the court or is she just threatening to do so?

How long ago was the original order for you to insure the child placed, and how long has the child been covered by your wife's plan?

If your ex is more than 6 months behind in paying her portion of the insurance, and if you are current in your financial obligations to your ex... I would consider responding to her petition with a motion for contempt for her failure to abide by the terms of the parenting plan.


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Emily67
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Re: Health Insurance Coverage [Re: MTmom]
      #609604 - 12/10/09 05:09 AM

Exact same thing happened to my DH and I years ago. His decree ordered he provide health care and when we married his children went on my policy and she did try to get the court to change it since I was not the mother. Ultimately the court ruled they could stay on my insurance but any legal action is costly and a few hundred dollars when money is tight isn't fun for what I would deem a frivilous complaint. Good luck to you!

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almostheaven
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Re: Health Insurance Coverage [Re: sjb]
      #609633 - 12/10/09 08:13 AM

Because of the wording, you have nothing to worry about. If you're out any costs, I'd countersue for your attorney fees to defend her ridiculous claim. Its a savings for everyone and your plan states "current available plan". It doesn't state it has to be through YOUR employer. That plan is current and its available. Your ex is shooting herself in the foot.

--------------------
Char Fox


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mommyof9
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Re: Health Insurance Coverage [Re: almostheaven]
      #613438 - 12/20/09 06:17 PM

One issue that she may bring up is that your new wife will need to sign a HIPPA waiver form giving your ex permission to deal with the insurance company directly regarding your childrens plan. I have been having to speak to my ex's new wife every time there is a problem and she's a real b*tch when it comes to calling them to give permission to speak with me. Be prepared to offer this up front and be proactive about it.

--------------------
Hope for the best, prepare for the worst.


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