QUESTION

What can be done if a stepparent is attempting to assert rights to provide medical benefits?

Asked on May 09th, 2014 on Child Custody - Washington
More details to this question:
My ex's husband is trying to assert himself by taking out medical polices on my children. He has done so without my consent and there was a court order that instructed my ex to have them removed. Her husband refuses to do so. There will be a hearing in two weeks for a determination of a Commissioners ruling, but I don't see how, as a third party, he can usurp my rights as my children biological father and custodial parent. They currently have medical, and in addition, if I sign for any services used under his health plan I'll wager I'd be liable for all expenses not covered under that plan. My ex is currently $12,000 in arrears, and hasn't worked in over 2 years. The current order clearly states that if she has the ability, and if it falls within a certain amount, that she is to provide insurance through her employer or union. Furthermore, under decision making she cannot make any non-emergency medical decisions. I'm thinking to contend that he has no rights or authority to do so, is not a party to the original action and has no standing before the court, and is setting something in motion that would create more liability for me than I've already absorbed due to her inaction if the court even entertains this idea.
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1 ANSWER

Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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You are utterly confused. If the health insurance available to the mother is through her husband, falls within the criteria under which she is required to provide coverage, then there is nothing wrong with it being the husband's insurance not hers. This has no impact on each of your duties to pay your pro rata shares of uncovered medical. It may, if you also have health insurance for the kids, reduce the amount of uncovered expenses. Nor does this have any impact on decision making as that is a parenting plan issue not a child support issue and covered by a different body of law. If she is in arrears, and the husband works and she doesn't you may be able to persuade the court to order that their bank account be garnished. You can also do that through support enforcement, which will garnish any bank account that has her name on it. It doesn't require a court order. If she is working, DCS should be garnishing her wages. You are right, her husband has no standing in this case, but his insurance is available and usable by the mother for the children and therefore the court would find it acceptable to meet her obligation for coverage.
Answered on May 12th, 2014 at 2:40 PM

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