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Joined: Dec 2003
Posts: 56
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Posts: 56
My H and I are going to our first hearing in court in about 2 weeks. We have contacted a lawyer to represent us. We have found out that we won't be able to have any overnight visitation with the OC until she is 3. Right now we live 350 miles away. I am beginning to have serious doubts over the issue of C. I don't know if this is going to work out for the best for the child. She is never going to get to know her father or her siblings this way. But I understand in TX this is pretty standard. Plus, I am confused concerning back arrears. I would appreciate any feedback.
The OW was on medicaid at the time she was pregnant. She is and was married at the time. Her H's insurance paid for 20 percent and Medicaid picked up the other 80 percent. From what I have picked up...they never should have been able to qualify unless she lied on her application. Will this have any bearing in court? Or how do we prove it?

Joined: Nov 2000
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Entwife,
Ow was/is married at the time she was expecting too. Was on medicaid as her H had no insurance.

We paid 1/2 of all the costs. This was done through our lawyers in an agreement while setting up CS/health ins for oc.

I know you can make X amount per year and still qualify for medicaid.

I've read where sometimes the bio-dad is forced to pay back the state, but I am not sure.

Good luck.
Debi

Joined: Dec 2003
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Sorry, I have the percentages backwards. The OW's insurance paid 80 and Medicaid paid 20.

Joined: Oct 2003
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Don't worry about the arrears, they just tack it on so you only pay a small payment per month + the CS until it is paid off completely. So it is in reasonable monthly payments.

FYI:But they can take your state & federal tax refunds to pay it. If you live in a community property state they are entitled to take the entire state refund but you can file an "injured spouse" claim to retain your half of the federal refund, if you were going to get one.

Yes it does sound like C would be difficult in your situation. You & H have to decide what would be best for everyone. If OW has a H and he is in OC life, then why even disrupt OC from that home? Or are they no longer together?

Joined: Jan 2004
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Don't you only have to pay child's expense not OW's??? I know hen I had my son his bill was very small compared to my bill. OW in my situation has insurance I believe but will not have ins. to cover child's portion.

Joined: Sep 2003
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Joined: Sep 2003
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Be firm here. With proper representation, it should make no difference if he is a brain surgeon and she is a waitress. It took two, and you should only be liable for 50% of the total cost. Lots of courts, etc., to make it easier on everyone tells the father that he has to have oc on insurance, and that is used. It may be easier, but it is not always the law.

In our case, we had a policy in the early days that would only cover their portion of 50% of the total bill. She was ticked off too. Even checkups were handled that way. If she took oc to Dr. and the bill was $100.00 our portion was only $50.00 and our insurance paid $50.00 After oc was about 3, we moved him to the insurance from the company. With the same proviso.

There are lots of issues with an oc in your life. You need to get educated and be proactive to protect what is right. Sure, you will be paying cs and insurace. But that does necessarily mean you have to provide 100% coverage. She is certainly responsible also. This is where a good attorney can help you. CS goes on for 18-21 years. Every dollar counts, especially today. So keep your eyes open and be aware of the hidden charges that easily end up at your doorstep, just to make it easier on the courts. Any good agent can help you with a policy. Insurance companies can write a policy any way you choose. So speak to a laywer about this.

Joined: Jan 2002
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Sorry but I don't have much to offer, other than ask your atty in order to get the most accurate and correct answer.

Sorry to hear about the no over nights until the child is 3. That does not seem right if you H want's contact. Is it because of the distance? If it were a divorce situation, the father would get overnights, so why the difference? Plus, overnights determines how much the F has to pay in CS.

My atty. said that visitation depends on many factors. If she is breast feeding, giving supplement bottles, etc. She said there would probably be no overnights for awhile but never indicated that it would be 3 years.

Sounds like you have a difficult situation. I hope it works out for you.


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