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What happens if BM drops SD's medical insurance

akeira's picture

Submitted by akeira on Wed, 08/14/2013 - 9:52pm

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Family Court

My DH just won primary custody of my SD after filing for modified custody, but the agreement with the BM doesn't state who has to provide medical insurance. Right now, the BM is providing my SD's medical insurance through her employer, but we're afraid she might drop the insurance to be spiteful. We had temporary insurance cards for my SD's insurance, but those have expired. We're afraid to ask for the regular cards for fear that she'll decide to drop the insurance. If she does this, and doesn't notify us, do we have any rights? I only have 30 days after her insurance is dropped to add her to my health plan. Would an allowance be made for us not being notified of the insurance loss? We would go ahead and add her to my plan, but money is really tight, and we'd like to avoid paying for insurance if we don't have to. My SD has lived with my DH for 3 years, and the BM hasn't paid CS in that time, and what CS we will get now will barely cover the increased insurance cost, let alone anything else for her. Does anyone know what our legal rights would be? We live in Kansas if that helps.

OtterWater1's picture

Submitted by OtterWater1 on Wed, 08/14/2013 - 10:10pm

I'm with Echo on this one. This was a big, fat OOPS. Was there an attorney involved??

Aside from that, NO, you don't get a "special allowance" for not knowing that BM dropped SD from insurance and didn't tell you. Honestly, I'd add the kid. It's SO much easier when you have control of the insurance, the cards, the appointments, etc...especially if your DH is the custodial parent. It just makes sense.
I don't get CS for my kids, whom I have full time. Their "father" (cough, cough, choke) is actually CO'd to supply medical, dental, and vision insurance. Guess who actually provides all that? Yep, me. And I wouldn't have it any other way.

Barring insurance being included in the CO as CS, BM doesn't have to provide it and probably won't. You should be prepared for that.

kmseiler's picture

Submitted by kmseiler on Thu, 08/15/2013 - 12:21am

You are going to have to go to court of its not in the agreement.
We live in pennsylvania. Dh has joint custody and he carries the insurance for the kids, but the bm has to pay the co pays and 60% of the deductible for the kids.

It should not be your responsibility to carry the insurance. If your husband has no insurance through his employer, bm is going to have to carry it. And if your husband goes to court about the insurance, the judge will not look too kindly on bm for dropping her daughter's health insurance out of spite

kmseiler's picture

Submitted by kmseiler on Thu, 08/15/2013 - 12:37am

Check out avvo.com.
You can get free legal advice in your state. They don't represent you, just tell you what is legal and what not. I use it very often lol

EdgeOfReason's picture

Submitted by EdgeOfReason on Thu, 08/15/2013 - 7:52am

Congrats on getting primary!

If it's not listed, but mom has always covered the kid you probably have an argument that she should continue to cover the kid; however, I would say it is better that you cover the kid.

You had temp cards, now you need permanent cards ... you have to go to mom to get them. She then has power to make your life miserable and, if the mother here is anything like the mother we deal with, she'll take full advantage of that power.

When dh's ex went to / *cough* jail/ work release and she lost her job, the kid's insurance was lost too. Dh wasn't made aware of any change of insurance. It wasn't until her incarceration was put in the paper that he realized the kid might not have insurance anymore. He put the kid on his plan after that.

I wish when I married dh that I put my dd on his plan too. My ex caused a bunch of problems over the years with insurance. Even turned it into a money making scheme for him.

Best, if you can, to cover the kid on plans you control.

sandqueen's picture

Submitted by sandqueen on Fri, 08/16/2013 - 6:48am

if its a court order she will be in contempt. If i were you I'd add her in case. we did that with my daughter. since we already have a family plan it costs nothing - we dont use it but it sits there as a secondary insurance if need be. my ex has a court order. Call and ask for updated cards and if she wont give them- contact family court- they will order a contempt hearing.