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Can the BM switch the childens health insurance?

Started by onedaddy, Oct 01, 2004, 04:32:21 AM

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onedaddy

BM just doesn't give up.  It seems like we've got a new aggravating situation everyday. The lawyer gets annoyed sometimes but she's getting rich.  The case keeps getting postponed so the judge won't possibly listening to everything, especially what happened months ago, as the list grows and grows and grows.

To my question....

We just found out BM put the children on SF's health insurance policy.  We now have know way of checking what doctor's they are going to and if they are going at all. She denied ss speech therapy for 20 session in 5 months, etc.  The decree states that the husband shall maintain health insurance for the children until they are emancipated.  Is this considered contempt or even continued alienation?  

Kitty C.

Definitely contempt...just add it to the list.  Just make damn sure she doesn't designate YOU as the person responsible for any outstanding balances.  If you get any bills from any provider, go in personally with your order and REMIND them that they do NOT have your signature to authorize such.  If they want their money, they'll have to get it from her.

And if she pitches a fit about it in court, throw this at her:  if she wants to continue to use SF's insurance, SHE will be responsible for any out of pocket expenses.  That ought to make her back up and think twice about it.........
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

onedaddy

Thanks, Kitty!

She has previously taken the children to out of network and we've made sure she will be held responsible.  $$$ talks.

MYSONSDAD

Boy, can I relate to what your going thru. Carbon copy with my situation.

She changes doctors on a regular schedule and blocks my access to our son's records. And I am they guy paying out of pocket for health insurance.

 
"Children learn what they live"

mango

I would think that she can cover the kids on the SD insurance, but it woudl be considered "secondary" insurance.

YOUR isuracne would be primary.

I would send a copy of your parenting plan to the HR department at her husbands work, and fax it to the insuracne company, he is covered  under. That way it would be written in as secondary.

Most forms have a spot where you list other insurance.

Otherwise Yes, she is definatley in contempt.

Kitty C.

It's all dependant on who's birthday is first!  If a minor is double-covered on ins., the company will ONLY take the one with the earliest birthdate as primary, like if Dad's birthday is in March and SF's is in Aug., they HAVE to take Dad's first. They get REALLY testy about this, too.

If you can find out at least what ins. company the SF is using, I'd be contacting them in a heartbeat!
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

onedaddy

Well DH's b'day is in January and Sf is in July but the counselor took it, which is how we found out. How would she have known there was any other insurance.  The last name should have been a red flag. Big DUH! We've met this woman in person and have had numerous talks on the phone with her.  She's certainly for another post.

Since we are weeks away from the custody trial the lawyer will look into it.  But I would like to contact SF's Union and let them know about this and keep it secondary. I want the children to be fully covered but DH needs to know the care they're getting.  Especially since SF is a violent convict with 3 years spent for domestic violence.

100 thanks for the advise I would have never thought about it  myself

hagatha

One,

Call BC/BS and explain your children are covered under SF's plan also. Tell the worker you speak with your insurance is court ordered to be primary and you want to make sure any medical services rendered to the children are covered correctly. They can find his insurance in most cases and will make the needed adjustments.

Basically what will happen is the kids will go to the dr. Ex will supply the Dr with the insurance info for SF. The provider will bill the ins co. The ins co will deny the claim as other insurance is avaliable and his is listed as secondary. The Dr's office will ontact mom (in the form of a Bill) and demand either payment or the correct insurance info.

You do not have to contact her or SF's employer at all. That way it is the insurance company making the decisions (lol) If asked you can tell her you were correcting the mistake the co made in billing the wrong insurance.

(and here is the big kicker . . . SF's insurance company will recup the monies lost in the incorrect billing. They will attempt to bill your insurance co as you are primary, BUT your company may elect to decline payment if the claim is too old. SF's insurance company will then bill them and expect to be repaid.)

The Witch

Remember . . . KARMA is a Wonderful Thing!!!

onedaddy


Oooh!  I like your thinking. You must stay in touch.
Just let me clarify, who is BC/BS?

I will get on this first thing Monday morning.


Karma is what keeps me going!

lucky

Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip. ~  Will Rogers

onedaddy

Thank you, but we have GHI and I don't know what insurance the SF has.
I can find out by calling his union but which one do I call.

MixedBag

Hagatha is right about who comes first.....the divorce decree overrides the birthday rule.

When both parents are responsible for providing the insurance -- then the birthday rule applies.

Personally, I too added all the kids to SF's insurance even though Dad has insurance in order to get better coverage.  (In my case, you don't have the second problem -- which is NOT telling the NCP about the appointments and stuff).

That's your biggest problem.  (and you know that).

Anyways, who to call...you mentioned he is a union employee.  I think I'd start in two directions....one call a regular doctor where they might tell you who the SF's insurance company is.   As for the Unions, if the insurance is through them, it would be worth a couple of phone calls to see if you could find it for the sake of peace of mind.

Lastly, I would refuse to reimburse the EX for any bills she submits to you until you are absolutely sure all applicable insurance companies have paid on the bill.  When I get a medical bill in from SS (for example), THREE different medical insurances better be listed on the bill, not just one, but three.  Same thing holds true for my son....THREE health policies and TWO dental policies.

mango

Is the birthday rule written anyplace. I was told that by our attorney, but wondered if it was spelled out someplace.


Lawmoe

It is not contempt since the parents can have supplemental insurance.  Any medical decisions should be made jointly, however, if the parties share legal custody. If that information is not shared and joint decisions are denied, that may, indeed be contempt.

onedaddy

Could it be considered fraud if the new insurance co doesn't know about the old and vice versa?

Lawmoe


nosonew

I see the biggest problem as you not finding out about medical, and that could be contempt.  

Regarding the insurance, if your c.o. states you are to provide insurance, and amounts not covered are split 50/50 or whatever, then you might be able to argue two things: 1.  You were not made aware of the appt's  and 2. you are paying for insurance that isn't being used.  Interesting...

FleetingMoment

Not only can the BM switch policies, but there are actually some that find a way to use and abuse state welfare medical coverage despite the fact the children are covered by their spouse.

It's sad that you're no longer able to see what and where she is taking the child(ren). If you do have joint custody, you have the right to information regarding the health of your child(ren). You can also keep the children insured on your own policies, and use them to get your children medical, therapy, etc. on your own time...  whereas she should have no access to those records either.

Sounds like she's putting the SF's insurance down as "primary" and yours as secondary.

onedaddy

DH does have joint custody yet BM fails to inform him of everything.  
There was 2 contempt orders placed on her last year and there is one pending.
SF was out of work 2x last year as he is a convict with some serious anger issues, so I don't no how long this will actually last. She cannot do things like this at her whim, though.
Fortunatley, we are in the midst of a custody trial and I just hope she is making her situation worse and worse every day.  Although, as BM disobeys the oders on a daily basis I'm not sure how much the judge will actually here, hopefully, enough. I have been told it is highly unlikely custody will be reversed from the BM yet all these professionals have been changing their tune with the more evidence we have brought forward and now we have the forensics evaluator and GAL on our side.  


MixedBag

When I was taking my MS classes (part of it was in Human Resources), that's where I learned about the birthday rule.

It's considered an industry standard -- which means it's not prescribed in law.  (Just like the fact that everyone calls Q'tips "q-tips" when that's really a brand name, and other companies make them too).

On the back of DH's BC/BS EOB (I think that's where I read it), there was an explanation there too explained the birthday rule.

BUT divorce decrees over ride everything.

BusyMom

Each company can make their own provisions for step-children.  The birthday rule almost always applies to bio-children, but not always to step-children.  

The best idea is to contact the HR rep for the step-dad and ask who the insurance carrier is.  I believe that due to the HIPPA laws a non-custodial parent is allowed to find out if a child is covered under a specific plan.  That is the only information allowed to be given.  

BusyMom

Each company can make their own provisions for step-children.  The birthday rule almost always applies to bio-children, but not always to step-children.  

The best idea is to contact the HR rep for the step-dad and ask who the insurance carrier is.  I believe that due to the HIPPA laws a non-custodial parent is allowed to find out if a child is covered under a specific plan.  That is the only information allowed to be given.