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kas1234

Insurance issues with a court order in place.

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I have a 16year old child who extremely mentally sick and required hospitalization often. I recently went to court and for medical issues I had asked the judge to grant me the primary and only person to provide medical insurance for the child. As agreement from the court that what it said. Dad live in VA and I live in MA so there no need for his insurance to be involve and also when she is admitted to a hospital the dad insurance don't coverage close to home so it very difficult to have both insurance to be involved. Since I am the primary care for the child and my insurance is from here it just make sense to for me to have the primary insurance. We both agreed to this. Now I am facing a big problem, My insurance wont pay because his insurance is still active and he had no plan to remove her after many discussion and argument even with a court order. My insurance is asking for  "end date" from his insurance to pay for any outstanding bill and I am taking about thousand of dollars. Now I am also facing that the PCP clinic that she is goes to wont take her until I pay this outstanding bills. I also have another child with my current partner and they are refusing to see him as well  because the bills are attach together. I don't know whats to do.

 

Any please help!

 

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It would be unusual for a court order to forbid someone from covering their own child on their insurance policy. If you do have such an animal, then you will need to go back to court to get it enforced. If the child is covered under two policies, which is not unusual, the plans themselves dictate which is primary and which is secondary. This is not something you designate. If only one policy covers a given service, then that policy should cover whether primary or secondary, though the one picking up the cost may need verification the bill isn't being paid by the other policy.

 

Most providers will not see a patient with an outstanding balance.

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Hi @kas1234

 

Welcome and thanks for your post! If the court order indeed says that father must remove the children from his insurance and he now refuses to do so, you will need to take steps to enforce your order. This will either be a motion to enforce the court order, or contempt proceedings. If the order is more ambiguous than that (perhaps it states that you will provide primary health insurance, but stops short of stating that father must remove the children from his insurance), then you will need to ask the Court to specifically make these orders. You may need the assistance of an experienced family law attorney.

 

Best of luck!

The FindLaw.com Team

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1 hour ago, kas1234 said:

I recently went to court and for medical issues I had asked the judge to grant me the primary. . . .

 

The primary what?

 

 

1 hour ago, kas1234 said:

As agreement from the court that what it said.

 

Huh?

 

As best as I can understand your issue, the child is covered by multiple policies and one of the insurers isn't paying because it believes the other policy is obligated to do so.  You will need to speak with the child's father, and each of you will need to talk with appropriate persons at the two insurers, and you will need the two insurers to work this out so that they don't both sit there pointing fingers at each other.  Since you don't appear to have strong English language skills, you may want to enlist someone to act on your behalf (perhaps an insurance coverage attorney, but it doesn't have to be an attorney).

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Also, you need to realize that in the absence of a court order that expressly tells him to drop his coverage and possibly not even then, IRS regulations limit at what time he can make such changes. He can't do it just any time he feels like it or you want him to. It has to be either an Open Enrollment period or an IRS-approved qualified life event.

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