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Step parent benefits for children?

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  • Step parent benefits for children?

    Ex let it slip today that he has extended health coverage coverage for himself and new twins under his new wife's work benefits.

    Is there any legal obligation for new wife to include our children (her step children) on the plan? I have started a new job and my benefits will not kick in for months.

    Any idea of the legalities of it?

  • #2
    Usually, court orders tend to read that as soon as medical insurance plans become available to each party through his/her place of employment, each party shall name their child(ren) as full beneficiaries on all coverage on such plans." If a parent opts out of his/her coverage to use a spouse's benefit plan, I would assume they would be required to add their child(ren) to that plan as well. From what I understand, each parent is required to provide health coverage for their child(ren).

    One thing to note is that different insurance providers have different rules. Some allow stepchildren to be covered automatically. Others only if the child resides in the house with the insurance providing stepparent at least 50% of the time. Others have no provision for stepchildren (that can be found in the plan booklet). However, unless a stepparent tries to add a stepchild to their plan, he/she will never know. Most plans don't question it when the plan beneficiary does a change in circumstance and adds a spouse and children as dependants. Regardless whose children they are. As far as is my experience.

    Have you tried asking your ex about it... or reminding him that he is required by law to provide coverage for his children whether it's through his work benefits or his spouse's?
    Last edited by Maggie82; 08-31-2015, 08:12 AM. Reason: Typos

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    • #3
      Originally posted by SadAndTired View Post
      Ex let it slip today that he has extended health coverage coverage for himself and new twins under his new wife's work benefits.

      Is there any legal obligation for new wife to include our children (her step children) on the plan? I have started a new job and my benefits will not kick in for months.

      Any idea of the legalities of it?
      He may be required to provide benefits to them, but how he chooses to do so is entirely up to him. If he has his own coverage and she has added him to hers as well that is their choice. She is under no obligation, especially if she pays into it, to cover your children. You will have benefits available within a short time frame, he takes care of his requirements how he chooses and the children are covered. although the children can be covered under two policies, one for each parent, they cannot be covered under three. Currently your kids are covered under you and in a short waiting period. This is standard for most benefits plans.


      She would have to check with her insurance company to see if the kids would even qualify for coverage, noting that they do have two parents in the picture supporting them. I don't believe she has a legal obligation to cover them, although he might and can choose how he does that.

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      • #4
        At my place of work, unless Stepmom has legally adopted the stepkids, they wouldn't be eligible for coverage as she does not have a legally recognized responsibility to support them (unlike common-law, marriage, parent or child). However, your mileage may vary.

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        • #5
          It really depends on the plan. They are not her children therefore the plan may not cover them, that is beyond his control.

          My partners SA reads that if the parents employment provide benefits they must cover the children. At the time neither of them had benefits, but I did through work. I added the children to my benefits as my plan allowed it.

          If it is available to him to add them he would be silly not to.

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          • #6
            Originally posted by Berner_Faith View Post
            It really depends on the plan. They are not her children therefore the plan may not cover them, that is beyond his control.

            My partners SA reads that if the parents employment provide benefits they must cover the children. At the time neither of them had benefits, but I did through work. I added the children to my benefits as my plan allowed it.

            If it is available to him to add them he would be silly not to.
            Exactly. His obligation is to provide coverage. Whether it's through his personal plan or through his spouse's is irrelevant as long as the children are covered under a plan from his household. The same goes for your household. As long as the children are covered by a plan in your household, it doesn't matter if it is your plan or your spouse's.

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            • #7
              Originally posted by Maggie82 View Post
              Exactly. His obligation is to provide coverage. Whether it's through his personal plan or through his spouse's is irrelevant as long as the children are covered under a plan from his household. The same goes for your household. As long as the children are covered by a plan in your household, it doesn't matter if it is your plan or your spouse's.

              Not true. If the new spouse's plan doesn't allow coverage for step kids, he can't provide coverage under the new spouse's plan. If there is an order saying he has to provide coverage than he is obligated to do so, but if it just says 'if coverage is available through employment' he isn't obligated to do so.

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              • #8
                Originally posted by Berner_Faith View Post
                Not true. If the new spouse's plan doesn't allow coverage for step kids, he can't provide coverage under the new spouse's plan. If there is an order saying he has to provide coverage than he is obligated to do so, but if it just says 'if coverage is available through employment' he isn't obligated to do so.
                Okay, I understand what you're saying... but if he has coverage available through employment but is simply opting out to use his spouse's plan, wouldn't he be required to maintain his plan for the children if his spouse's plan won't cover them?

                This is interesting because we were always told that if your employer has benefits available, you have to subscribe and provide coverage for the kids... unless you opt out to use a spouse's plan to which the kids can be added. If they can't, then you must maintain your coverage with the kids as beneficiaries.

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                • #9
                  I vote no... A judge basically has to a force a non-party to your conflict to do something. I don't think they have that right.

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                  • #10
                    My husband covered his kids on his benefits. His ex didn't work so he covered her too. We were not yet married, just living together. I had benefits as well and added him and his kids to the plan.

                    Where his benefits didn't cover the full amount, mine would cover the rest. We used mine for eye tests because his didn't cover.

                    When he lost his job he told her she no longer had coverage, and she raised hell, but there was nothing in their agreement to say he had to supply coverage.

                    eta: When he lost his job he and his kids were still covered on my benefits.
                    Last edited by paris; 08-31-2015, 07:54 PM. Reason: Add more info

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                    • #11
                      Originally posted by Maggie82 View Post
                      Okay, I understand what you're saying... but if he has coverage available through employment but is simply opting out to use his spouse's plan, wouldn't he be required to maintain his plan for the children if his spouse's plan won't cover them?

                      This is interesting because we were always told that if your employer has benefits available, you have to subscribe and provide coverage for the kids... unless you opt out to use a spouse's plan to which the kids can be added. If they can't, then you must maintain your coverage with the kids as beneficiaries.
                      Most insurance plans don't allow you to opt out of covering your eligible children.

                      Comment

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