Hi all,<BR>H has a court date May 9 for medical insurance modification. He doesn't have his own, he's under my policy and I'll be da**** if I pay for OC's medical. He has submitted application for medical, but is denied because he is not the cusotdial parent. They need OP information. She has not been cooperative. So he is trying to have it done through the courts.<BR>I know she can't be forced to apply for medical, especially since H is being held responsible for the majority of the costs. And basically cs support would pay her portion anyway. So she has nothing to lose.<BR>My question is the following. We have received several bills with the OC listed with H surname. It is not her legal name. Do you think that the judge will listen to this and do something about it? How can we make her "PAY" for her belief that she is beyond the law?<BR>If anyone has any suggestions, answers, please let me know. I wish we could sue her for misrepresentation, fraud, something. This is ruining H credit since he will not pay for someone who legally does not exist.<BR>Tormented

1. Regarding the medical insurance it depends on the state your in. I am in Washington and while married I had a step daughter. Our state required that husband insure her as part of the child support agreement. Since he didn't have insurance through his work and I did. I didn't know what to do. Support enforcement sent a letter to MY employer requiring ME to insure her. I thought it was a little strange but complied. So I know in Washington state the spouse is also responsible, however I don't know about anywhere else.<P>2. Regarding the surname, I don't know if a judge would do anything. Was that covered in the original court cases, which name the child would have legally? I know that I went by both my father's and my step father's last name and could do that. I also have a foster child whom has used her legal last name (which was a step fathers), her biological fathers last name and my last name for school records, the school said she could as long as they were aware of her LEGAL last name. But again I think that depends on the state your in. I would check with your attorney.<P>Hopefully you will get somewhere regarding the insurance problem, I do think it would be ludicrous for you to have to pay the insurance for this child.

Tormented, it may be the cheapest way out of situation for you to add OC to your family coverage. I was willing to do that, since we carry family coverage through my work. But OW was wanting cash to then add OC to her medical via her work. So we have to pay additional 150 per month for that, when coverage on my policy would be free. <P>Plus I think it would just plain piss her off to think that her child was getting benefits from me. <P>As to name, check your state law regarding that & what can and cannot be put on a birth certificate. Our OW uses her XH last name and guess what! That poor fool now has OC with his name, although they have been divorced for years. Odd isn't it? Talk about a child that will be confused one day. <P>Take care.. Carolyn

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tormented:<BR><B>Hi all,<BR>H has a court date May 9 for medical insurance modification. He doesn't have his own, he's under my policy and I'll be da**** if I pay for OC's medical. He has submitted application for medical, but is denied because he is not the cusotdial parent. They need OP information. She has not been cooperative. So he is trying to have it done through the courts.<BR>I know she can't be forced to apply for medical, especially since H is being held responsible for the majority of the costs. And basically cs support would pay her portion anyway. So she has nothing to lose.<BR>My question is the following. We have received several bills with the OC listed with H surname. It is not her legal name. Do you think that the judge will listen to this and do something about it? How can we make her "PAY" for her belief that she is beyond the law?<BR>If anyone has any suggestions, answers, please let me know. I wish we could sue her for misrepresentation, fraud, something. This is ruining H credit since he will not pay for someone who legally does not exist.<BR>Tormented</B><HR></BLOCKQUOTE><P> I would really check with your state laws. My friend had a child out of wed lock and they told her she could put anyname on the birthcertificate that she wanted, it didn't have to be hers or the fathers. In PA even if she puts the father a DNA test or an acknowledgment of paternity must be signed BEFORE the fathers name will be listed on the birthcertificate but you can pick whatever name you want the certificate to say for the child. The OW may be using a dull last name her's nad your husband like JOhn Doe Smith.<BR>

Tormented, Check and see if the state you are in offers medical coverage to children without. My state does, and because we are within income requirements that is the insurance our children have. Well, my h was court ordered to put oc on his insurance and when he told judge he did not have any and his children were on one that was on a sliding scale for our income, we pay am amount a lot lower than is we had to go out and but if privately. The judge court ordered the ow to apply for this type of insurance and my h could not insure oc because he can only insure children that live with him. so we were off the $ hook and the oc does have health insurance. I think your state offers something similar see if the judge can order the mother of the ow to get that type, since your h has none. Good luck, Peace, Gabi1116

In my state there is medical for all children. H has been trying to get this for OC. However the custodial parent must supply much of the info in order to get it. H got in contact with insurance people and they sent OP the necessary papers stating that an application was submitted for OC and info was needed. OP has chosen to ignore this. <BR>However, it strikes me very strange that we are only getting ER bills. The OC is 2 and I know she should have had a well visit when she turned 2. No bill. My guess is OP has ins for her but to stick it to H has chosen not to use her coverage for these.<BR>As far as the use of H name. During the first hearing, jusge asked H if he wanted OC to have name changed. Of course he said no. The judge stated the OC name would remain the same (OP name). H has even checked Birth certificate. The name has not been changed and he hasn't even been listed as father. Office of records stated to H that OP could not change it without his consent. So she is using it illegally and at will. <BR>Suggestions?<BR>Where can I find answers regarding our states family laws? NY<P>

The judge court ordered the ow to apply for the states insurane, the judge said since the father was not the custodial parent as in your case and could not get the state's insurance, the mother had to. The judge made her fill out the papers and get the oc on the insurance. Do a search for you state, look for web site for state, mine had a listing for all laws, statues on record, Good luck, Do not let this ow win, fight, stay strong and come here often. My h and I are still fighting, so I hope I can help. Gabi1116

just checking in,,,Gabi1116

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