I'm divorce my xwife has always covered my kids health insurance. She changed jobs 1 month ago and is being told that because our kids do not live with her she CAN NOT put them on her company health insurance. Is the legal? Can a company not cover your kids?
2007-09-25 06:09:57 · 6 answers · asked by specail ed 3 in Business & Finance ➔ Insurance
Yes, the company can do that, and yes it is legal.
I've done dependent audits for large companies, where we have to verify that all of the children being claimed by people on insurance legitimately belong on that policy. One of the things that needs to be established is proof of financial dependency - generally this is done by either establishing that the child lives with you, or proving in some other manner that the children are dependent upon you for at least 50% of their support (ex - tax return records showing that you claim them as a dependent, etc.).
Even if its established in your divorce decree that she has to provide coverage, it doesn't necessarily mean that the employer is obligated to enroll the children on *their* plan.
You could try getting a Qualified Medical Child Support Order, which would make her employer obligated to enroll them on the plan. (See here: http://www.dol.gov/ebsa/publications/qmcso.html) The difference between this and a divorce decree is that it would actually name your ex-wife's *employer* as the obligated party, vs. just your ex-wife herself.
2007-09-25 09:47:26 · answer #1 · answered by sarah314 6 · 2⤊ 0⤋
An insurance company has the right to create whatever policies they want to from what they will cover to WHO they will cover. Not many will do that, though. I would ask her what insurance company this is and call them. Get the group # if she will give it to you. Otherwise, call them and tell them the name of the company where she works and tell them what she said and see if that is true. That is VERY unusual. I wouldn't be surprised if her premiums increased and she is making it up.
2007-09-25 06:15:27 · answer #2 · answered by Anonymous · 0⤊ 1⤋
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2016-05-09 17:50:47 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Well, it's not true that you can only list the kids that live with you.
But the EMPLOYER might only be providing coverage for the employee, no family.
She needs to ask for the insurance company to put it in writing. They won't, they'll add the kids. Or they'll put a different reason down. She just needs to tell them she needs it in writing to show the judge.
2007-09-25 09:46:22 · answer #4 · answered by Anonymous 7 · 1⤊ 1⤋
If that's their policy, it's legal. Who has custody of the children? You? Generally they will not cover children you do not have custody of. She needs to review the company's health policy, which will be readily available at the Human Resources Office.
2007-09-25 06:12:49 · answer #5 · answered by gilgamesh 6 · 1⤊ 0⤋
Yeah that is true, but you can get some coverage on your kids today. It's better to have something than nothing at all. take a look at our plans.
2007-09-25 09:11:50 · answer #6 · answered by Anonymous · 0⤊ 1⤋