Stepfather's insurance


#1

Unless I’m mistaken, children can be carried by a stepparent on a family insurance plan. In the situation you have described, it would probably be best to cover the children this way and have the ex pay you the money. Private insurance is very expensive, especially if it is purchased personally instead of through an employer. If you can work this out he may agree to pay this amount rather than to be responsible to cover the children himself…
It sounds as though you should plan to be solely the finacial supporter for your child. You will have less stress in your life if you accept that the father is not going to live up to any expectation about being a father.
I do suggest that if you maintain primary physical and legal custody that you do set a limit on the amount of time that your son spends with his father, when he’s older. Physical abuse is often a learned behavior and if the father is not getting treatment it’s likely that your son, being exposed to that type of environment and personality, could take on some of those qualities that you do not want him to learn. Now if the father is getting help for this issue, going to counseling, a support group or whatever is available…it may be that you can allow him to have more involvement. Until that time though, with the situation you are in, it would be better to just accept that you are finacially and emotionally responsible for your son and quit wasting your time and effort on someone who clearly does not want to help you with this. This is only my opinion though…


#2

Thank you for your reply!

I’m COMPLETELY okay with my son’s father not being involved - my stress comes not from expecting him to be emotionally and financially involved, but from being nearly positive that he will be abusive. I’ve learned that all I can do is be the best parent possible and clean up whatever mess my son’s father makes.

Like I said, currently he has supervised visits, and I’m keeping it that way as long as I can (unless he goes away).


#3

As long as the insurance plan permits your son to be covered, there is no reason you can’t do this.

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.


#4

Would it require the father’s consent? While I doubt he’ll get insurance, I doubt he’ll consent, especially if he has to pay more child support to cover the insurance.


#5

No, you do not need his permission to add your son to your policy.

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

My son is covered under my Medicaid plan, but his father has been ordered to obtain insurance coverage in addition to searching for a full-time job, at which point the Medicaid will be secondary.

I have a restraining order against the father, and I have physical custody and all financial responsiblity for my son: the father has supervised visits once a week for an hour, is refusing to pay child support, and has not held a legitimate job for longer than three months in the past five years (during the last two years he’s been occasionally employed at a backyard car-repair shop, who paid cash under the table, and surprisingly well at that). He does not currently have any insurance coverage.

If I remarry, and my son’s step-father has medical insurance through a major provider (and the father still does not), can I have my son covered under the stepfather’s plan? I assume that I will continue to have primary custody and the father will have, at most, weekend visits (we live an hour apart, my son is under a year old currently, the father was convicted of assaulting me while I as pregnant, and had his rights terminated to two children from a previous relationship after he abused them and their mother, in addition to his inability to maintain a permanent address or a job).