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Medical Insurance?

Started by Foster_Mom, Jun 28, 2005, 09:27:32 AM

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Foster_Mom

My DH pays 500$ a month in child support he also holds full coverage insurance that pays 80% of all medical bills including dental. His insurance is outstanding and he has always carried his 2 children on this plan since the day that Ex and he got married. Now Ex is married to another man approximatly 2 days after the divorce went through and her new spouse has put the 2 children on HIS insurance. BM does not work and thus has no insurance avalibility other than her new spouse. The parenting plan says that both parents will supply medical insurance for the kids if avalible. The ex wife is 2 months older than my DH and thus she is proclaiming that her insurance is primary. Now that would not be so bad except she is claiming it costs them 200 per month and thier insurance only pays for 50% major medical/NO Dental ect.. and she is insisting that he pays for 60% of uncovered medical expensis as well as his insurance is the better insurance. It is a real pain to deal with both carriers and even more difficult to call hers primary. She also recives and extra 150$ a motnh in CS simply becuse her insurance through Step dad costs them more than our insurance costs us. Would it be possible to ask for modification of the decree based solely on the fact that thier insurance is unessesary and creats more headach for Dr's as well as us and makes it hard to determin who is reponsible for what? DH has joint legal, joint residential, and joint physical custody thanks to every one here at this sight but still does not have 50% of the time with his kids. He is 3 days shy per month and BM is fighting everything every step of the way. She is currently trying to move for a motion to have a Parenting Coordinator assined to our case and I am sure her intentions are underhanded in this case but we are fighting it. Is there anything we can do about the insurance thing our do we just have to put up and shut up once again?

msjanbo

Unless the court parenting plan states that DH's is primary and BM's is secondary, it's usually a "rule of thumb" with ins carriers - oldest parent is primary.  A court order, however, in most states, will supercede that if it's different.

I would think you'd have a very good argument.  There's no need for her adding the kids and receiving LESS/WORSE coverage, "just because the court order says so".  If your insurance is better, costs less (that doesn't really matter, however), AND you don't mind continuing paying the family premium - what's the big deal?  I would think that any judge would agree - the kids get better coverage with YOU AND you don't have to waste sending her an extra $150/mos for nothing.

I don't understand the difficulty the Docs are having - primary/secondary - it's not that hard.  At least, it shouldn't be.

MixedBag

It's the parent whose birthday falls first in the year (like Jan through Dec)....age makes no difference.

As for having two coverages -- some of our children have 3....

Back to the original poster, I would only bring it up during a child support modification.  Crunch the numbers and see how it would truly affect a difference in child support.

It's in the child's best interest to be covered as much as possible.  Even with the three policies -- believe it or not, we have out of pocket expenses.....  You wouldn't think so, but depending on what time of year it is, yep, it happens.

msjanbo

Sorry - you are right - it's the parent with the birthday falling earliest in the year.

I do, however, disagree with multiple coverages - in this case.  The BM's insurance is obviousy sub-standard (according to original post) and is creating more out-of-pocket expenses than are necessary.  If BM's insurance was more "standard", keeping it would definitely be worthwhile.  My DH and his PBFH both have insurance, they're both good policies, and it helps immensely.