Do I have to give him an insurance card?

This is a discussion on Do I have to give him an insurance card? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My wife had a daughter with a boyfriend prior to our marriage. In the custody/support agreement it states he will ...

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Old Oct 6th, 2010, 06:07 PM   #1
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Default Do I have to give him an insurance card?

My wife had a daughter with a boyfriend prior to our marriage. In the custody/support agreement it states he will provide health insurance. He stopped providing that after about a year. I then added her to my insurance program. For the last three years I have been providing the insurance for my step daughter, now he is demanding an insurance card and I am refusing to give it to him. We live miles apart and 99% of the time we take her to the doctor since he does not want to pay the co-pay. I don't want him to have the card because it only take one lazy medical assistant to give him medical records with all my personal info on it and he could have access to SS number and all my info. Now since he's supose to provide it for her in the papers and I have been providing it.

1. Do I have to give it to him?
2. Can I ask for all the premiums I've been paying?

We live in California
Thanks,
Gene
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Old Oct 6th, 2010, 11:05 PM   #2
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Default Re: Do I have to give him an insurance card?

If you court order does not state that all health care information travels with the child then no you do not have to provide it. If he does take the child to the Dr's he can either have them contact you and you can fax the info to them directly if they allow that.

Can you go after the past premiums, doubtful. Most insurances offer single rates and family rates, you would be paying the say for your wife with or without the child. Your wife can take him back to court regarding him not providing insurance but be prepared that they will ask why you with held the proof of coverage from him for the child. Just explain your concerns and your plan to send the information directly to the health care provider to the Judge. He is in default over the insurance coverage and actually in contempt.

Where I live a non-custodial parent that can not claim the children as dependants on his or her taxes can not add the children to their insurance as dependents. If you pay child support then you can't claim them as dependants on your taxes, It's tax law not child custody law. Check with your insurance provider and see if your state has any laws the prohibit him from obtaining coverage. I don't know what the laws are where you are.

My ex was ordered to maintain insurance for our children but proved he could not add them to his coverage about 6 months after the divorce was final. We went back to court after 1 1//2 years and the Judge ordered him to pay 100% of all non insured fees. My new husband put the kids on his coverage and my ex has to pay any deductible, co-pay and any non-insured fees. If our coverage gets canceled for any reason my ex has to pay all medical costs for the kids.

Good luck.
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Old Oct 7th, 2010, 09:41 AM   #3
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Default Re: Do I have to give him an insurance card?

This forum must be a magnet for all the stupid people in the world.

You have clearly stated that the child's father and mother have a court ordered ruling. You cannot interfere with that. If he stopped placing her on his insurance, that's his problem to sort out. You had no business placing her on your insurance. Not only are you not the child's legal parent whatsoever, but you have violated a court ordered ruling.

He must be stupid too, to go through you instead of nailing the mother of his child for contempt of the ruling.

I'd also report you to the IRS if I were him, for claiming a child that is not even yours to legally claim.
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Old Oct 7th, 2010, 10:53 AM   #4
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Default Re: Do I have to give him an insurance card?

I commend the OP for putting the child on some sort of insurance. If he didn't the child would be taken care of by the taxpayers of their county because the father is too sorry to do it.

Furthermore, any judge will NOT condemn you for placing the child on your insurance. The father is the one in contempt of court, not you.

I would NOT give him an insurance card. Simply let your wife tell him that if he wants one he can either provide insurance himself like he was ordered to do, or he can take her to court. There she can prove that the child has not been covered by the father, further placing HIM in contempt.

I say let him dig his own ditch. You are the one that stepped up to the plate to help the child, not him.
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Old Oct 7th, 2010, 12:22 PM   #5
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Default Re: Do I have to give him an insurance card?

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I commend the OP for putting the child on some sort of insurance. If he didn't the child would be taken care of by the taxpayers of their county because the father is too sorry to do it.

Furthermore, any judge will NOT condemn you for placing the child on your insurance. The father is the one in contempt of court, not you.

I would NOT give him an insurance card. Simply let your wife tell him that if he wants one he can either provide insurance himself like he was ordered to do, or he can take her to court. There she can prove that the child has not been covered by the father, further placing HIM in contempt.

I say let him dig his own ditch. You are the one that stepped up to the plate to help the child, not him.
Are you for real? Provide LEGALLY accurate advice or don't respond.
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Old Oct 7th, 2010, 02:25 PM   #6
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Default Re: Do I have to give him an insurance card?

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Are you for real? Provide LEGALLY accurate advice or don't respond.
Don't respond or what? You'll come on here and bash everyone. IF you have LEGALLY accurate advice, let's hear it, otherwise why don't you not respond!
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Old Oct 7th, 2010, 02:28 PM   #7
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Default Re: Do I have to give him an insurance card?

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My wife had a daughter with a boyfriend prior to our marriage. In the custody/support agreement it states he will provide health insurance. He stopped providing that after about a year. I then added her to my insurance program. For the last three years I have been providing the insurance for my step daughter, now he is demanding an insurance card and I am refusing to give it to him. We live miles apart and 99% of the time we take her to the doctor since he does not want to pay the co-pay. I don't want him to have the card because it only take one lazy medical assistant to give him medical records with all my personal info on it and he could have access to SS number and all my info. Now since he's supose to provide it for her in the papers and I have been providing it.

1. Do I have to give it to him?
2. Can I ask for all the premiums I've been paying?

We live in California
Thanks,
Gene

No, legally you do not have to provide him with anything. He can take your wife to court and it would be up to a judge, which from the sound of your post he wouldn't want to do that since you stated he was supposed to provide insurance.

You will not be able to get the premiums you have paid because the court will look upon it as something you wanted to do and not something you were ordered to do.

I hope this clears up the confusing answers you have been getting.
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Old Oct 7th, 2010, 04:59 PM   #8
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Default Re: Do I have to give him an insurance card?

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Don't respond or what? You'll come on here and bash everyone. IF you have LEGALLY accurate advice, let's hear it, otherwise why don't you not respond!
Here's the lowdown. The legally accurate answer is this: This is between the child's legal, biological father and mother. The stepfather has overstepped his boundaries by arbitrarily placing a child that is not even legally his on his insurance. He cannot legally do that.

Further, there is a court order in place between the mother and father of this child. That the biological father has broken it does not give this OP license to go one step further and overstep his bounds by taking it upon himself to place a child he has no legal rights to on his insurance. The legally responsible thing to have done would been for the MOTHER of the child to seek relief from the court in the form of Motion to Enforce or Motion for Contempt. The step-father had no business getting involved.

Again, this is between the biological, LEGAL parents of the child. NOT the step-father's business.
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Old Oct 7th, 2010, 07:48 PM   #9
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Default Re: Do I have to give him an insurance card?

Meanwhile you, i and the taxpayers can pick up the tab for the child? I don't think so and I know a judge won't condemn him for doing it. How do I know? We did it ourselves. Similar situation, and the judge was all over the father for not doing his part. Plus he was made to pay ME the premiums I had paid and ordered to carry insurance.
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Old Oct 7th, 2010, 09:17 PM   #10
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Default Re: Do I have to give him an insurance card?

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Meanwhile you, i and the taxpayers can pick up the tab for the child? I don't think so and I know a judge won't condemn him for doing it. How do I know? We did it ourselves. Similar situation, and the judge was all over the father for not doing his part. Plus he was made to pay ME the premiums I had paid and ordered to carry insurance.
No. And your logic is seriously flawed.

Cite your case in legal terms. Judges do, indeed, condemn people who are not legal custodians for taking it upon themselves. It's legally none of their business.


You are clearly lying.
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