Can the BM switch the childens health insurance?

[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]

No. It is not fraud.

[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.