Question about primary ins. provider

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Latest post Fri, Aug 17 2007 8:55 AM by searching4answers. 10 replies.
  • Wed, Aug 8 2007 9:59 PM

    Question [=?] Question about primary ins. provider

    Bio dad has 10 yo. daughter, when child support was first established he didn't have her on insuarance and cp mom did, so cs included cost for her insurance. Now he has his daughter on insurance and they went to court in May to have cs adjusted. He told judge he has her on it but now cp mom is not wanting to accept it and thinks she can keep daughter on previous insurance. When cs was adjusted his insurance was accounted for. He goes back to court at the end of this month I guess for a check up. Question is how should he handle this with cp mom, or how should he bring it up in court when they go back?
  • Wed, Aug 15 2007 4:08 PM In reply to

    Angry [:@] New info

    Cp mom still thinks that ncp dads insurance is not acceptable. This was court ordered a long time ago that when he got insurance to put his daughter on it. The mom thinks that his is secondary and the one she is using now, which is under the stepdad, is primary. He tried explaining to her that it doesn't matter what the stepdad has that it is the fathers place to have her on insurance not him. So she doesn't want to take her off the stepdads. any advice?
  • Wed, Aug 15 2007 4:57 PM In reply to

    re: New info

    If the court orders the NCP to carry insurance, then the NCP carried insurance, period. If you are also required to pay 50% of the child's uncovered medical expenses, then you pay that. If the current arrangement is costing you more than if your insurance was used as primary, then you go back to court and file for a modification.

    The stepfather is not required to carry insurance on this child. I'm not sure why the stepfather would want to bear this expense if you are also carrying insurance, but that's his problem. If you need to address things with mom, then you go to court to modify the custody order.
  • Wed, Aug 15 2007 5:01 PM In reply to

    re: Question about primary ins. provider

    Okay, so mom is getting less child support now, right? In exchange, you are required to carry insurance. Seems like Mom may eventually figure out that she is spending money needlessly, but if she wants to continue to do this, how is it hurting you?

    When you go back to court, you show the court proof that you are now carrying your daughter on your medical insurance. Mom can do whatever she wants to after that, but she'll be getting less child support regardless of whether she deems his medical insurance as "acceptable" or not.
  • Wed, Aug 15 2007 5:19 PM In reply to

    Question [=?] re: Question about primary ins. provider

    Right, the cs was lowered, but for some reason she doesn't understand that biodad is the primary now. I guess she just doesn't want her daughter to be on anything of his. She is VERY immature and irresponsible. My husband is just afraid that she will throw away the card and not use it. And yes he is ordered to pay half of what is not covered. Let me ask you this, if the daughter gets hurt at our house, or her moms, do they still split the bill 50/50? The only thing the order says is that they both pay half.
  • Thu, Aug 16 2007 1:34 PM In reply to

    re: Question about primary ins. provider

    If he is complying with the court order to carry insurance, he may want to send mom an insurance card and copy of the insurance plan via certified mail. That way, he can prove that she received it.

    It does not matter where daughter is injured, any injury or illness would be covered by his insurance. If mom has been informed of the insurance and has access to the insurance card and she chooses not to use the insurance, then I would suspect that she would have a hard time convincing a judge to require Dad to pay half the cost. If you look at the wording in the order, it probably states "50% of any expenses not covered by insurance" or something like that. If mom takes daughter to a doctor not on the plan or does not provide the insurance information to the doctor's office, and then expects him to pay half, and he refuses, then mom's recourse would be to go back to court to try to get the court to order him to pay it.

    What he might do is to call the child's doctor/dentist, etc. and let them know that he has insurance for her and send them a copy of the card also. That way, he can check and see if they accept his insurance and if so, he can make sure they know that they can file the charges with his insurance provider the next time she comes in. As her father, he has the right to contact her doctor directly and has the right to have access to her medical records and medical bills. He does not have to go through mom to do this.

    The doctor's office may request that he fill out a form and sign it in order to comply with privacy laws, but this is pretty routine and once he does this, they must comply with his requests to see medical records and bills and communicate with the billing department and the doctor directly about his child's health care.
  • Thu, Aug 16 2007 4:53 PM In reply to

    • OhioCP
      Consumer
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    • Joined on Fri, Feb 20 2004
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    re: Question about primary ins. provider

    "My husband is just afraid that she will throw away the card and not use it."

    So what if she does? How would this have any impact on dad if she chose not to use his insurance? Presumably, if mom had medical procedures done that resulted in unreimbursed expenses that dad's insurance would cover, he could file a claim to get those expenses taken care of. Dad's getting a credit for having insurance, so why does he care if the child is carried on stepdad's insurance?

    As for who's primary, and who's secondary, that is likely up to the insurance company, not mom. My insurance company assigns primary/secondary coverage according to the birthdates of the insured parties. My ex's birthday is before mine, therefore he's primary (even though his insurance is in a state that our children do not live in and therefore is of little use to them as all providers are out of network, therefore mine always covers it).

    Also, it may not cost the stepdad anything extra to have the child on the policy. Mine is a certain premium cost for an individual, then another premium cost for a family, it makes no difference whether there are 2 people or 10 on the family policy.

    "Let me ask you this, if the daughter gets hurt at our house, or her moms, do they still split the bill 50/50? The only thing the order says is that they both pay half."

    Irrespective of where a child gets injured, both parents are responsible for paying the unreimbursed portion of the med/dental according to the decree.
  • Thu, Aug 16 2007 8:11 PM In reply to

    re: Question about primary ins. provider

    You're right, I don't guess it matters, but bio dad and stepdad have the same insurance and one won't pick up on the other. Only one can be primary. I guess when he goes back to court he can tell the judge that he gave her the card but she refuses to use it. The judge knows that he has her on his insurance, I think mom is just being immature about it. Stepdad even said he didn't want his stepdaughter on his. We just didn't know if she would some how try to use it against him and say she never got a card or something. Both insurances are exactly the same, co-pays and everything. Thanks for your info, I guess he really has nothing to worry about then since he does have proof of her being on it anyways.
  • Fri, Aug 17 2007 7:29 AM In reply to

    Mom is allowed to have the child on other insurance

    And if it's the same coverage, what does it matter which she uses? This is really nitpicky stuff, to be honest.

    All Dad needs to do is show the court that he has the child covered. Period, end of story.
  • Fri, Aug 17 2007 8:55 AM In reply to

    re: Mom is allowed to have the child on other insurance

    He's not trying to be nitpicky, but what is stupid is that first mom complains about him not having her on insurance, then when he does she doesn't want it. This is the first time he has had to deal with this kind of situation. But at least now thanks to yall he knows that it really is no big deal then. I appreciate your advice.
  • Tue, Aug 21 2007 8:27 AM In reply to

    • OhioCP
      Consumer
    • Top 50 Contributor
    • Joined on Fri, Feb 20 2004
    • OH
    • Posts 2,559

    re: Question about primary ins. provider

    "We just didn't know if she would some how try to use it against him and say she never got a card or something."

    If this is a real concern, you can request a copy of the card from the insurance company and send it to her via certified mail. Then, if she refuses to sign for it, it will come back to your husband and it will come back to your husband, which if he leaves unopened, he could produce in court indicating evidence of compliance should mom try to file contempt charges for not providing it.
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