Can health insurance deny stepchildren?
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Can health insurance deny stepchildren?
My son is normally covered under my ex’s health insurance because it was agreed upon in court that he was to provide health insurance unless unavailable. He got laid off work and of course his health benefits have been declined. He just recently has been added on to his wife’s insurance. But she tells me that her insurance won’t allow my son to be covered because he is not her biological child. Is this legal for her insurance to deny a stepchild? Especially in the case of having a court order for my ex to cover my son? Or should I just go ahead and cover him under my insurance?
Asked on July 2, 2009 under Insurance Law, Ohio
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
You're going to have to put your son on your policy. It's quite possible that your ex's wife is correct; I'm not an Ohio attorney, and you'd have to confirm the details with someone in your area. And even if she's not correct, I don't know whether the court would consider your ex's wife's policy to be "available" coverage as the divorce decree intended.
Depending on what you hear from your lawyer, you might want to file a motion to compel your ex-husband to put your son on his wife's policy. But in the meantime, you have to keep the boy covered. One place to find an attorney, who can explain what is and isn't possible here, is our website, http://attorneypages.com
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
You're going to have to put your son on your policy. It's quite possible that your ex's wife is correct; I'm not an Ohio attorney, and you'd have to confirm the details with someone in your area. And even if she's not correct, I don't know whether the court would consider your ex's wife's policy to be "available" coverage as the divorce decree intended.
Depending on what you hear from your lawyer, you might want to file a motion to compel your ex-husband to put your son on his wife's policy. But in the meantime, you have to keep the boy covered. One place to find an attorney, who can explain what is and isn't possible here, is our website, http://attorneypages.com
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