This is a military question. My husband says he won't have to supply my daughter and myself with health benefits after the divorce is final. I'm under the assumption that he continues to give my daughter benefits while he is still in the military until she's 18. And he continues to give me benefits until he leaves the miltary or I re-marry. What's the truth here?
2007-11-11 06:52:57 · 11 answers · asked by Smithy McShagwell 6 in Family & Relationships ➔ Marriage & Divorce
I should have stated that she is "our" daughter. I guess with being separated for so long, I refer to her as "my" daughter. Yes, it is his daughter as well.
2007-11-11 07:09:44 · update #1
I think the court can order him to do that, so make sure you have a good lawyer who will fight for the most you can get!
2007-11-11 06:56:33 · answer #1 · answered by Anonymous · 3⤊ 0⤋
Each of the military services have regulations which require members to "provide adequate support" to family members. However, here's the rub: The military has absolutely no authority (without a court order) to *force* an individual to pay such support against his/her will. If a military member fails to provide support, the military can (and does) punish an individual, but such punishment is usually covered under the Privacy Act of 1974, and the military is not allowed to discuss the punishment with anyone. Obviously, this upsets a lot of spouses who claim nonsupport, and feel that the military is not doing anything to help them. Unfortunately, the military's hands are tied by law in this area.
You should consult an attorney and pursue the amount of support that you feel is warranted. If the court orders it, hopefully your spouse will live up to the decree.
2007-11-11 07:20:24 · answer #2 · answered by ScSpec 7 · 2⤊ 0⤋
Seems to me like you are right. Call the law office on the nearest military installation (Judge Advocate General) JAG Office and speak to the law clerk there. They will make sure this gets straightened out. He will have to pay child support and your daughter will be treated at a military hospital or clinic or under CHAMPUS. You will get alimony only if it is spelled out in the divorce though.
2007-11-11 06:57:41 · answer #3 · answered by Anonymous · 1⤊ 0⤋
I work for a customer management group for multiple insurance companies. I work with the military insurance too.
No, if you divorce and she is not his dependant, he does not have to. If he has legally adopted her and is considered her father, then yes until the age of 19 unless she is a full time student then it is 25 in most cases. However, if he is not her biological father and has not legally adopted her, he has no obligation. A judge could take a huge step out of boundaries and decree that he has to but then he would have to pay for private insurance, not government. Even then, he could appeal the terms and would probably win.
2007-11-11 07:07:21 · answer #4 · answered by StatesideNow 1 · 1⤊ 0⤋
Once divorced you are on your own for health care benefits. Your daughter will be eligible for Tricare(medical) benefits if it is spelled out in the divorce decree.
2007-11-11 07:16:44 · answer #5 · answered by mudslide_23511 4 · 0⤊ 0⤋
Generally...in divorces....he will have to carry health insurance on the child until the child is 18. You get nothing, you're not married to him anymore. Keep in mind that judges have been known to rule in other ways.
2007-11-11 06:56:39 · answer #6 · answered by janicajayne 7 · 1⤊ 1⤋
Srite to the JAG office at his post/base and ask them? I'm quite sure he will have to!! The sad part is, that you are having to fight for WHAT IS HERS, an he's protecting this nation!!! What a sad/bad dad!! good luck!! If they say no, make sure the d-decree stresses that it is mandatory!!
2007-11-11 11:33:22 · answer #7 · answered by happywjc 7 · 0⤊ 0⤋
I would make sure it is in the final papers. And as it is of no cost to him to provide HER with health insurance, I don't see the big deal.
The only benefit you will receive will be child support. If you are smart, have your attorney check on BAQ rates for his current rank, with the stipulation, that as he is promoted, he will have to forfeit his BAQ and COLA.............
2007-11-11 07:20:02 · answer #8 · answered by tallerfella 7 · 0⤊ 0⤋
He should keep health benefits on her but if you are getting divorced find your own he doesn't owe you anything
2007-11-11 11:39:05 · answer #9 · answered by livin well 2 · 0⤊ 0⤋
He doesn't have to keep you on his policy....but you should ask the judge for him to be required to cover the children's medical insurane. That will be spelled out in the divorce decree.
2007-11-11 06:57:25 · answer #10 · answered by lady_phoenix39 6 · 0⤊ 0⤋