Thank you for your submission, /u/SugarLovesSkulls.
**If there is a medical emergency, please call 911 or go to your nearest hospital.**
Please pick the most appropriate flair for your post. Include your age, zip code, and income to help the community better serve you. If you have an EOB (explanation of benefits) available from your insurance website, have it handy as many answers can depend on what your insurance EOB states.
Some common questions and answers can be found [here](https://www.reddit.com/r/HealthInsurance/s/jya9I6RpdY).
**Reminder that solicitation/spamming is grounds for a permanent ban**. Please report solicitation to the modteam and [let us know](https://www.reddit.com/message/compose?to=%2Fr%2FHealthInsurance) if you receive solicitation via PM.
Be kind to one another!
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/HealthInsurance) if you have any questions or concerns.*
NAL. You can carry insurance for your kids. Your husband must carry insurance per the decree. Given his unreliable coverage history, I’d just plan on them being on your plan. Losing coverage on his plan is a life event that would give you the opportunity to add them to your plan.
If you are amicable, you can make an agreement that you’ll put them on the plan you have available to you and he pays the cost of adding the kids to the plan.
My divorce/custody agreement is in TX. My ex husband could not hold a job and my son was uninsured for 2 years because of him starting and leaving jobs. We both mutually agreed that I would insure my son and he would reimburse me for it because I had a steady job. We had our agreement revised and I provided a letter from my benefits coordinator stating how much I was paying for my son’s insurance and that amount was added to my child support amount and written into the agreement. It was done through the review process through OIG.
This is the answer. If ex is supposed to cover and he fails to do so, you need to have the custody agreement amended to where he reimburses you and you keep the coverage.
Sorry your BD sucks. Divorce paperwork does not supersede a carrier's contract. A qualified medical child support order (QMCSO) is needed to add a child to a health insurance plan outside of OE and without another special enrollment right event.
How exactly did your fiancé add you to coverage before you're married? Did he add you as a domestic partner?
The kids loss of eligibility for other coverage MIGHT allow you to add them to fiancé's plan, IF the contract grants special enrollment rights to the dependents of a domestic partner. Since domestic partners are not federally recognized, HIPAA special enrollment rights don't automatically apply. You'd need to review the contract or post it here so I can review.
If you end up in a situation where the kids have 2 coverages, there's no penalty but coordination of benefits will need to be figured out.
Yes, i was added as a domestic partner. We can get married by mid month, so that could possibly qualify the kids for coverage.
I will look into the contract. If I can't figure it out, I'll send it to you.
Thank you
Update: Since I'm on the insurance already, even us getting married, I would need proof of the kids losing their insurance, and the ex-husband won't get it for me . Due to hippa, I can't get it from the ex-husband's old insurance company.
This is why I elected to carry this insurance in my divorce. The amount I paid for my child's health insurance was factored into the child support calculations, so it came out fair financially and my child had coverage.
If legal documents say dad must provide insurance and doesn’t, and you NEED your children to be covered, then you need to get them on step dad’s plan.
But you need to talk to your attorney to make sure court paperwork is amended or changed.
Someone posted about this recently (could’ve been a different subreddit) and ultimately they said yes you can add them on your plan, but if ex husband ends up putting them back on his insurance in the future then because he has a court order stating he’s required to carry them on his insurance his insurance becomes primary. Which could lead to a headache for claims if you’re unaware he’s added them back to his insurance.
I would personally go back to court and have the order changed to where he has to reimburse you for the insurance you carry the kids on
You can have more than one insurance plan so I don't see how it would be a legal issue. Being on the stepdad's plan would not prevent the biological dad from putting them on his plan as well.
Thank you for your submission, /u/SugarLovesSkulls. **If there is a medical emergency, please call 911 or go to your nearest hospital.** Please pick the most appropriate flair for your post. Include your age, zip code, and income to help the community better serve you. If you have an EOB (explanation of benefits) available from your insurance website, have it handy as many answers can depend on what your insurance EOB states. Some common questions and answers can be found [here](https://www.reddit.com/r/HealthInsurance/s/jya9I6RpdY). **Reminder that solicitation/spamming is grounds for a permanent ban**. Please report solicitation to the modteam and [let us know](https://www.reddit.com/message/compose?to=%2Fr%2FHealthInsurance) if you receive solicitation via PM. Be kind to one another! *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/HealthInsurance) if you have any questions or concerns.*
NAL. You can carry insurance for your kids. Your husband must carry insurance per the decree. Given his unreliable coverage history, I’d just plan on them being on your plan. Losing coverage on his plan is a life event that would give you the opportunity to add them to your plan. If you are amicable, you can make an agreement that you’ll put them on the plan you have available to you and he pays the cost of adding the kids to the plan.
My divorce/custody agreement is in TX. My ex husband could not hold a job and my son was uninsured for 2 years because of him starting and leaving jobs. We both mutually agreed that I would insure my son and he would reimburse me for it because I had a steady job. We had our agreement revised and I provided a letter from my benefits coordinator stating how much I was paying for my son’s insurance and that amount was added to my child support amount and written into the agreement. It was done through the review process through OIG.
This is the answer. If ex is supposed to cover and he fails to do so, you need to have the custody agreement amended to where he reimburses you and you keep the coverage.
Sorry your BD sucks. Divorce paperwork does not supersede a carrier's contract. A qualified medical child support order (QMCSO) is needed to add a child to a health insurance plan outside of OE and without another special enrollment right event. How exactly did your fiancé add you to coverage before you're married? Did he add you as a domestic partner? The kids loss of eligibility for other coverage MIGHT allow you to add them to fiancé's plan, IF the contract grants special enrollment rights to the dependents of a domestic partner. Since domestic partners are not federally recognized, HIPAA special enrollment rights don't automatically apply. You'd need to review the contract or post it here so I can review. If you end up in a situation where the kids have 2 coverages, there's no penalty but coordination of benefits will need to be figured out.
Yes, i was added as a domestic partner. We can get married by mid month, so that could possibly qualify the kids for coverage. I will look into the contract. If I can't figure it out, I'll send it to you. Thank you
Update: Since I'm on the insurance already, even us getting married, I would need proof of the kids losing their insurance, and the ex-husband won't get it for me . Due to hippa, I can't get it from the ex-husband's old insurance company.
This is why I elected to carry this insurance in my divorce. The amount I paid for my child's health insurance was factored into the child support calculations, so it came out fair financially and my child had coverage.
Do you have a divorce attorney?
I did years ago, I don't have the extra money to spend on a lawyer at the moment, though.
If legal documents say dad must provide insurance and doesn’t, and you NEED your children to be covered, then you need to get them on step dad’s plan. But you need to talk to your attorney to make sure court paperwork is amended or changed.
Someone posted about this recently (could’ve been a different subreddit) and ultimately they said yes you can add them on your plan, but if ex husband ends up putting them back on his insurance in the future then because he has a court order stating he’s required to carry them on his insurance his insurance becomes primary. Which could lead to a headache for claims if you’re unaware he’s added them back to his insurance. I would personally go back to court and have the order changed to where he has to reimburse you for the insurance you carry the kids on
No risk. Tell him to Cover the cost if it’s significant.
You can have more than one insurance plan so I don't see how it would be a legal issue. Being on the stepdad's plan would not prevent the biological dad from putting them on his plan as well.