Benefits as court order


#1

I’m calling Bullhocky on what he told you. My ex covered the kids for a while and I’ve always claimed them on taxes. I don’t think he’s telling you the truth. You COULD call the insurance company and just ask if that is their policy or if they’ve ever heard of that. Seems the court/lawyer would have said: “now make sure you let him claim the kids or he won’t be able to insure the kids”. I can’t imagine an insurance company (or employer) that would have that policy. THey would just need a SSN for the kids and so they know you’re not trying to cover some random child.


#2

I agree. I can’t use my insurance’s flexable spending account for my stepsons expenses unless they are covered, but I could put them on my insurance and we only file one of them on our taxes.

The other option is that if he is required by court order to cover the expense of benefits for the children then you can have him reimburse you for you carrying them on your plan, or buying a separate policy for them if you do not currently have insurance. The court order states benefit coverage but it does not specify the benefit coverage has to be specifically provided through your ex’s employer.
If he wants to use this excuse then tell him that is alright and give him the figure he will need to pay you for monthly coverage either through your employer or a private policy specifically for the children.


#3

Actually, the insurance carrier has to allow him to add the children because it is court ordered. It doesn’t matter if they live with him, are claimed by him on taxes or anything else. This is something that CSE can enforce. They would send a letter to the employer notifying them that he is required to cover.

Believe it or not, you can even force the carrier to cover the children and even withhold all the children’s information from their father if there was a protective order. In this case, the EOBs, notifications, etc. would come to your home address and their father would not have any access.


#4

The insurance only has to allow it providing that the court order states specifically that the father has to carry and pay for insurance benefits through his employer. If it states specifically that he must carry and pay for insurance then he can get a private policy if his employer’s company will not allow.
If it does not state specifically, but instead puts you both under the requirement to have benefit coverage, then it doesn’t matter how it’s done as long as the children are covered.

It does sound like he’s trying to give you problems for not allowing him to file the children on his taxes. I suggest that you don’t give him an option. Either he carries them on his insurance or he reimburses you. Don’t give in and don’t allow the children not to be covered.


#5

There is rule that I am aware of that requires him to claim his children on his tax return in order to be able to add them to his health insurance. Do you know what type of insurance plan he has?

I would not contact the benefits department. I would suggest you file a motion for order to show cause that will require him to come to court and explain why the children are not being provided insurance.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#6

WOW…I am amazed at such a rule.

My agreement stated he had to provide coverage, but he hopped jobs so much I couldn’t trust him, so I covered them–so there isn’t an issue with me. But I am still AMAZED. Is this insurance-company specific? Or does it pertain to ALL insurance companies?


#7

I also have them covered under myself but just in case I lose my job, I want to make sure they are still covered under him.


#8

I am not sure what type of insurance plan he has but I believe it’s either United Health Care or BlueCross BlueShield.

quote:
[i]Originally posted by Helena Nevicosi[/i] [br]There is rule that I am aware of that requires him to claim his children on his tax return in order to be able to add them to his health insurance. Do you know what type of insurance plan he has?

I would not contact the benefits department. I would suggest you file a motion for order to show cause that will require him to come to court and explain why the children are not being provided insurance.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.



#9

I am highly doubtful there is such a rule. I would move forward as I previously suggested with a motion for order to show cause.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#10

I think Helena left out the word “no” in her original post stating that “There is rule that I am aware of…” I believe she meant to state that there was no rule about requiring a child to be carried on tax return before they could be covered on insurance.

Again I suggest that it may be easier for you to cover them or research the cost and share with him the amount that he would need to reimburse you for…that may change his tune a bit. Don’t let the tax issue be brought into the discussion unless you plan to allow him to claim the children. Claiming them on the taxes and providing insurance benefits do not go hand in hand and you should not treat them as if they do. If he brings it up again, tell him you will need to see the policy where that statement is made. He either provides coverage or pays you to provide coverage…it’s that simple, IMHO


#11

Thanks stepmother. You are correct, I meant to say there is no rule I am aware of.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#12

I found this excerpt in the APA Guide (American Payroll Association). Maybe it will help you.

For child support orders issued after February 8, 2006, state CSE agencies must look to either parent or
both parents, not just the noncustodial parent, to provide health insurance for their children.41
All employer-sponsored group health plans are required to comply with state laws regulating medical
child support and to honor


#13

According to our court order my ex and I are required to have benefit coverage for our children. I’ve asked him to enroll them to his plan and he’s telling me that his employer wouldn’t allow him to do so because the children were not claimed on his income tax return. My question is, if we have a court order can they still deny my children, and what could I do to get his employer to allow him to enroll our children to his plan? Do I have any right in contacting his employer’s benefit department?
I’m also assuming he’s trying to give me a hard time to so I would let him claim the children on his taxes return because he told me that unless I let him claim the children otherwise his company will not let him add them to his plan.

Thanks,

my