Is this legal?

Go on the web site or look in the phone book for the Medicaid/Medicare office. Should be under Department of Social Services. They have a fraud line that you can report Medicaid/Medicare fraud. If you call you can let them know that medical insurance is being provided for ALL the children by the father and that the custody is court ordered and includes that particular child.
My husband’s ex did much the same thing, well not the part about him not being the father. She signed them up on Medicaid even though he was court ordered to provide medical insurance. He was providing that long before it was court ordered but as long as she qualifies, the children can be on Medicaid as long as that is the SECONDARY insurance. An important fact that I was told. I had two major issues with the whole situation, one, the children do not NEED Medicaid or any type of government assistance. Two, she was using this as their primary insurance and his court ordered insurance which he paid for all year was never used for either child.
I found it very difficult to allow but I realized that it was not me nor my husband defrauding the government, it was her. The guy at DSS fruad told me that it was her responsibility to get them a copy of the insurance card for the primary insurance that is being carried, and that they would verify with my husband that it was valid. I did what I thought was right calling and then I dropped it. It made me sick but then I realized that it will come back to her. It has, read my posts in Emotional Issues about comeing back around.
I would suggest that if DSS wants upholds the paper she signed then you should contact the Clerk of Court and let them know that she has filed with DSS that one of the children is not his. Or have him do all this…

Thank You, I forgot about that post. It does make me a little more at ease.
We don’t care if it’s secondary, he does carry insurance always has, he agreed to cover all excess except co-payments while in her care.
But my husband actually broke down and cried(which really ticked me off!) that one of his children was reported as not being his and now he wonders if his baby girl really is or isn’t his. Mom has yelled it at him before but he thought it was a ploy of hers to control him and what he did. Now he thinks she’s really telling the truth. And to top it off he’s afraid they’ll make him take a paternity test and we’ll lose the youngest all together even though he has court ordered 50/50 joint custody.

She’s one big drama case that never ends. [V][:(!]

He has every right to be upset. You could also contact the attorney that handled the custody on this and ask for advice on how to proceed. The government takes forever to do anything and this is no exception. She sounds like the same type as my husband’s ex. As long as she gets the money she doesn’t care who is hurt. I don’t think he will lose the child because when it boils down to it, she will choose not to give up child support or anything else. The courts shouldn’t request a paternity test because they are the ones that gave him joint custody and it was not brought up in those proceedings that the father was in question.
If there is a chance that the child is not his, but he doesn’t want to know for fear of losing custody, then my suggestion is he needs to stick with the fact that they were married, he’s on the birth certificate as the father and he HAS BEEN the father since birth, regardless of biology he is that child’s father.
Get a recorder on the phone and have him ask her why she signed something saying that his child is not his. Have him ask her if she is prepared to swear in court. Get it recorded. Then contact the attorney and Medicaid fraud again depending on her answer. Go to the office, don’t call, and take the recording with you and see if your attorney can request a copy of the paper she signed. That may get them to pay attention.
Her name is on the Medicaid card not his. Make sure that anytime the child is in your care, if the need arises that his insurance is used instead. Once Medicaid finds out that the child is covered by another insurance, they will request repayment from his insurance company. They can only do that if his insurance is used.

Ultimately he is going to have to decide if he wants to know the truth or decide that he has no reason to question what he knows and go on from there. Things do calm down eventually, trust in that. It may not seem that way right now, in reading the posts on here, everyone has been through that “What in the world is he/she thinking?” stage? Which usually leads to “Was he/she like this while we were together and why didn’t I ever see it before?”. Then eventually you get to the point where you can say, “Thank goodness that is no longer in that life” and “It’s not my problem anymore”. I wish you the best.

Dear Kayleee,

I do not practive in the area of Medicaid fraud and so I cannot advise you on this. However, common sense says that if she lied to get your child health insurance benefits then that could be a significant problem for her. I do not believe that what she did has any impact on this parental rights, but I may not understand your fact scenario completely.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.

Mom signed kids up on medicaid, she was investigated and found to be inelligable. But then she tells the fraud investigator that one of the children born of the marriage doesn’t belong to dad, signs a paper and keeps that child on medicaid, No paternity test was ever done.
Custody Order entered with 50/50, which includes ALL the children, Dad is to provide medical but both of them required to pay co-payments, Mom never says anything in court about this child not belonging to dad.
This child is Still on Medicaid and dad is still listed with them as not being the biological father. But yet the child WAS born of the marriage and Dad IS on the birth Certificate and still no paternity test requested. Dad has contacted medicaid but they don’t care.?!?!?!?!?! What is he supposed to do? Is this legal for mom to do? How can a parent sign just a simple statement relinquishing a father as the biological parent just to get benefits? How can a state agency deny a judges court order?