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When Does Mandatory Medical Insurance End

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  • 12-23-2012, 08:47 AM
    Mathmell
    When Does Mandatory Medical Insurance End
    My question involves child support in the State of: ca
    My daughter cut off all ties when she turned 18 in jan 2012. There is a long story but I removed her in July from my insurance after she graduated and child support was stopped by the state. Now her mom is trying to take me to court for me to continue providing medical and be 50% responsible for all uncovered expenses and dcss has set a court date. When am I no longer responsible? She is an adult and will be 19 in jan. Help!
  • 12-23-2012, 09:01 AM
    Dogmatique
    Re: When Does Mandatory Medical Insurance End
    Well, what did your court order say?
  • 12-23-2012, 09:23 AM
    Mathmell
    Re: When Does Mandatory Medical Insurance End
    There is no age to end medical or child support in my order so the state of California guidelines say support end at 18 and graduation or 19 and still in school. The state stopped my child support July.
  • 12-23-2012, 09:25 AM
    jk
    Re: When Does Mandatory Medical Insurance End
    what do you mean by:

    the state stopped my child support in July



    does that mean your order to pay support was modified or terminated? or something else?
  • 12-23-2012, 10:38 AM
    Mathmell
    Re: When Does Mandatory Medical Insurance End
    The state will stop child support without going to court when the child meets their guidelines. They notified us at the end of June. Her support was terminated. I still continue to pay for my 17 year old son and provide him with medical insurance.
  • 12-23-2012, 10:58 AM
    jk
    Re: When Does Mandatory Medical Insurance End
    if the order of support concerning the older child has been terminated by the courts, then there is no order to enforce, including once that requires the payment of medical insurance.

    I am amazed to hear a state, especially one so strapped for funding of public services, unilaterally acted to terminate the order though. If an order is self extinguishing, that is one thing but for the state to terminate an order that may or may not be terminable, depending on the circumstances, it something else totally.

    but if they sent you a notice from the courts that the order has been terminated, then it is what it is.

    One thing not asked or mentioned:

    is there an issue with your daughter such as a disability that could require you to continue support beyond the age of 18?
  • 12-23-2012, 11:12 AM
    Mathmell
    Re: When Does Mandatory Medical Insurance End
    No, she has no disability. This is why I'm confused as to why dcss has set a court date for her medical insurance. Can you create an order for a child for after they are an adult and out of high school?
  • 12-23-2012, 07:23 PM
    llworking
    Re: When Does Mandatory Medical Insurance End
    Quote:

    Quoting Mathmell
    View Post
    No, she has no disability. This is why I'm confused as to why dcss has set a court date for her medical insurance. Can you create an order for a child for after they are an adult and out of high school?

    It may be possible. Particularly since parents can now carry children on their health insurance to age 26. Did it cost you extra to carry your daughter or was she part of a family plan where carrying her didn't add any extra cost?
  • 12-23-2012, 09:37 PM
    EA1070a
    Re: When Does Mandatory Medical Insurance End
    Did your CS order include a per child breakdown? If so, absent any provisions for post-majority support in the original judgment, support ends by operation of law according to the statutory guidelines. No hearing necessary.

    The only reason for DCSS to bring you back to court that I can fathom is if the order didn't include a per child breakdown. However, the issue there would involve a modification of support for the 17 yo.

    Under my husband's company sponsored health insurance plan, my step-kids were no longer eligible for coverage when they turned 19 with no disabilities b/c he was the NCP. If the kid who has graduated isn't disabled as you have stated, this makes no sense.

    I may have missed this, but have you consulted with an attorney? From what you have written, your obligation to provide continuing medical coverage is done, as well as any responsibility to cover urn reimbursed medical expenses. If you haven't retained counsel, you probably should. If this motion is frivolous, you should seek reimbursement of attorney fees to fight it.

    Tis is all based on our experiences in the CA Family Courts.
  • 12-24-2012, 05:08 AM
    Mathmell
    Re: When Does Mandatory Medical Insurance End
    We are going to talk with my attorney. From what I understand coverage until 26 is optional not mandatory. It did include a per child breakdown which is why support for my daughter was terminated. Can I seek reimbursement from dcss for attorneys fees if the judge deems this frivolous? Thanks for your help.
  • 12-24-2012, 01:13 PM
    jk
    Re: When Does Mandatory Medical Insurance End
    The coverage until 26 has nothing to do with coverage being optional or mandatory, in regards to child support. The law simply requires insurance companies to allow a person to continue coverage on their children until they turn 26. It is a completely separate issue.
  • 12-24-2012, 01:20 PM
    llworking
    Re: When Does Mandatory Medical Insurance End
    Quote:

    Quoting jk
    View Post
    The coverage until 26 has nothing to do with coverage being optional or mandatory, in regards to child support. The law simply requires insurance companies to allow a person to continue coverage on their children until they turn 26. It is a completely separate issue.

    I do not disagree...but if there is no cost to him of having another child on the policy, that could factor into a judge's decision. He obviously has at least one child still covered, therefore if he has a standard family coverage he wasn't paying anything else to include his daughter.
  • 12-24-2012, 01:29 PM
    jk
    Re: When Does Mandatory Medical Insurance End
    Quote:

    Quoting llworking
    View Post
    I do not disagree...but if there is no cost to him of having another child on the policy, that could factor into a judge's decision. He obviously has at least one child still covered, therefore if he has a standard family coverage he wasn't paying anything else to include his daughter.

    a judge cannot demand a father cover a child with insurance without legal justification, even if it is free to the father. In my personal situation, my insurance does not change cost if I have me or me and 27 children on it but since we are self insured, it definitely costs my insurance fund a lot more with the 27 children on it.

    If there is no legal basis to order coverage, then the judge cannot simply order it because it doesn't cost the father anything.
  • 12-24-2012, 09:12 PM
    tex11
    Re: When Does Mandatory Medical Insurance End
    If the child is over 18, graduated high school, and you are no longer obligated to pay child support, the court may no longer have jurisdiction over your adult child. However, you will need an attorney to review your order to determine the end date of the order. If your ex filed her modifications after that date, the case should be dismissed. If she filed before the end date, it may not be so cut and dry.

    Beyond this, if it will cost little to nothing more to continue health care coverage for a child until age 26, consider taking the high road as a parent, rather than cutting it off for no better reason than bad feelings.
  • 12-25-2012, 08:49 AM
    Mathmell
    Re: When Does Mandatory Medical Insurance End
    I did not intend to take her off my insurance but I heard and saw on the Internet erratic behavior. Then she got a prescription for Xanax when there had been no issues before. I tried to talk to her but she wouldn't talk to me. My insurance made these prescriptions cheap and easy and I didn't want to watch her downward spiral. There were also rumors she was using my insurance to get the Xanax for her mom.
  • 12-25-2012, 04:34 PM
    llworking
    Re: When Does Mandatory Medical Insurance End
    Quote:

    Quoting Mathmell
    View Post
    I did not intend to take her off my insurance but I heard and saw on the Internet erratic behavior. Then she got a prescription for Xanax when there had been no issues before. I tried to talk to her but she wouldn't talk to me. My insurance made these prescriptions cheap and easy and I didn't want to watch her downward spiral. There were also rumors she was using my insurance to get the Xanax for her mom.

    What do you think that no access to health insurance would do to a possible downward spiral? No access to counseling if needed, no access to rehad if needed, little access to any other medical care. How are you going to feel if something really bad happens medically and she cannot get the treatment she needs?

    Teens say and do stupid things on the internet...even the very best teenagers.

    Someone can develop anxiety issues and need something like Xanax at any point in time. Doctors do not hand them out without a reason. She is 18 and is allowed to keep her medical issues private, and while I appreciate you being disappointed that she wouldn't talk to you, do you only plan to allow a child who tells you their private medical issues to be on your insurance? Its highly unlikely that the doctor gave her a prescription for Xanax if the doctor didn't feel she needed it.
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