Nc health choice


#1

I can’t see why in the world she would want to give up a good policy unless 1) she is just spiteful, or 2) she has gotten lazy and not kept up with the paperwork…and the policy lapsed.

If you have a signed agreement, then the only way to change it is to make a new signed agreement. I don’t really think she has a valid case in front of the judge… You haven’t breeched the agreement according to your post.

If she has indeed caused the policy to lapse, the SHE is in breech of contract(that she signed) and you could issue her a “show cause” to the court and she will be directed to uphold her end of the agreement due to her negligence.


#2

Given the situation you have described, I believe the court will order her to follow the agreement, unless they do not legally qualify for healthchoice.

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

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1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(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.


#3

i dont make a hole lot of money but i work full time in a good job. i got 2 kids that live with my ex wife. we dont got a custody agreement from the court just one we did ourselves and had noterized. because she dont work and i dont make alot of money our kids have been on the free north carolina medicaid health program called healthchoice. it is great and pays for everything. we aint never had any problems with it. it is really good insurance. no copays free prescriptions, dental and everything.

in our noterized agreement it says that as long as the kids qualify because of low income that my ex has to maintain healthchoice for them by filling out papers on time. it also says that if they dont qualify no more that i will start buying them insurance. it also says that if they qualify for healthchoice but lose it because she got lazy and just didnt fill out the requalification papers that she is the one responsible for getting insurance (because it wouldnt be my fault that she let it laps and cant get it back.)

now she wants to be hard on me and wants me to buy a regular insurance for the kids. i dont have insurance myself. i looked into it and it would cost me a ton of money that i dont have for it and it wouldnt be near as good as medicaid healthchoice. can she make the court tell me i have to pay 100% of a new insurance when the kids still have and qualify for healthchoice?