Hi,
Children father has children health insurance through his work. About two days ago, I received email from him stating, children and him will not have health insurance for month of October. He also stated, he is working with some insurance company to get coverage until December and it will be around $1100 per month. He said, he will be under his wife health insurance from January and since I am working, he wants me to add children to my health insurance.
My position does not qualify me to have health insurance through work unless I change my job status from per demand to part/full time.
In the mean time I tried adding my children to my current health insurance which is through marketplace. I was advised, they cannot add children to the insurance; since children father claims them as his dependents. As of now, we have shared custody and working to ask court for 80% or full custody of the children. Any advice please?
My attorney said, he will speak to kids father attorney and get back to me. I haven’t heard anything yet and feeling extremely overwhelmed; knowing that my children do not have health insurance.
I asked children father follow up questions and he completely ignored and said “talk to your attorney, he will inform you “.
Thank you
If you have a court order requiring the father to provide health insurance, you can file a contempt motion (motion for order to appear and show cause) regarding his violation of not providing health insurance.
It is also possible to add the children on his wife’s health insurance plan.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
There are no court orders on our temporary custody agreement.
This is was his last email “As I mentioned earlier, you can work on getting insurance for next year. I will work this and net week to get insurance through cobra for children and I. Does your employer not have insurance coverage that you buy from marketplace? “
My job does provide health insurance only for part time or full time employees not for my PRN position. Which mean, I would have to apply for part time or full time positions for next year to be eligible for health benefits for me and the children.
In the mean time, kids father is out of country and kids don’t have health insurance. He gave only two days notices saying kids will not have health insurance, without much explanation.
Can he held accountable for it or what is my options?
If you have no child support court order or no child support terms in a separation agreement or interim separation agreement, then you would need to file a lawsuit against him for child support.
Without child support and health insurance terms in a binding settlement, even if a temporary settlement (either in a court order or separation agreement/contract), then there is no way to enforce that the father provide health insurance for the children, and you will have to seek an order from the judge.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.