question about health insurance for the kids

[Family Court Strategies: When Your Partner Has BPD OR NPD Traits.]

I did my taxes already and claimed both boys as dependents since the IRS rules said I could. I informed xBPDw so she wouldn't. She emailed me back that she no longer has health insurance for the boys and that she can not apply for CHIP since I put the boys on my return. I read the CHIP website and I couldn't find any mention as to if the children must be on a particular parents tax return. She claims she already applied and now she has to tell them she is not putting them on her return and they will be disqualified.

My question is do I need to file for CHIP now or can the boys still be covered through their moms' application ?

I should be back to work this September and would put them on my health plan then.

[david]

I did my taxes already and claimed both boys as dependents since the IRS rules said I could. I informed xBPDw so she wouldn't. She emailed me back that she no longer has health insurance for the boys and that she can not apply for CHIP since I put the boys on my return. I read the CHIP website and I couldn't find any mention as to if the children must be on a particular parents tax return. She claims she already applied and now she has to tell them she is not putting them on her return and they will be disqualified.

My question is do I need to file for CHIP now or can the boys still be covered through their moms' application ?

I should be back to work this September and would put them on my health plan then.

[livednlearned]

I looked online and saw this response:

Under the ACA, parents must provide health insurance for their kids. Whichever parent will claim the child (or children) as a dependent when tax time rolls around is also responsible for providing the minimum essential coverage required by law (or enrolling the kids, if they qualify, in Medicaid or CHIP). And you'll need proof of coverage. If you don't have documentation that your child is covered, you may get hit with a financial penalty, though in some cases, you can avoid the penalty if you get a hardship exemption.

and also this:

If your divorce agreement says you’re the one who should be paying for your child’s insurance, that’s still the case no matter who your child lives with or who claims him as a dependent for tax purposes. It’s a complex issue to be sure, and one you might need some help sorting out. If you're unsure about what to do, your best bet is to check in with your tax adviser or lawyer.

There's more information at this URL: https://blog.getinsured.com/answers/obamacare-guides/divorced-parents/#sthash.1igFLGJO.dpuf

[david]

Thanks. I wasn't sure what the rules were.

Our divorce agreement doesn't specify who covers the boys. I covered them until I was jailed from ex's false allegations.

I'm sure I can cover them through CHIP. I just wanted to know if she was telling the truth which it sounds like she was.

[ForeverDad]

She probably was offered COBRA coverage by law which can be up to 18 months as I recall.  So it's not like she couldn't have continued coverage of them, though it would have been at full cost with no employer offset plus 2% administration fee.  It might be a fact that you need to relate if insurance coverage blaming is thrown your way in the future.

[david]

I had COBRA years ago and I know how that works. I am sure ex had that available but decided against it.

Ex indicated that since I have the boys on my tax return as dependents she is not allowed to cover them through CHIP. I found that hard to believe especially since ex said it.

Ex claimed that she applied for CHIP and now has to remove them from coverage because I am deducting the boys. Assuming she is telling the truth, I replied back asking her who she dealt with so I can take care of it. That was two days ago and I haven't heard anything from her. That makes me think she was not being truthful and I called her on it. I am going to contact my state rep and also CHIP to see how to proceed. I should have coverage by Sept of this year so this is only a temp issue.

[livednlearned]

It could also be both.

She wants things to work her way and AND she is getting confusing information.

I naturalized to citizenship which is a heavy bureaucratic process like nothing I've ever experienced. I learned that you need to ask at least three people your question to figure out how to interpret the rules. I noticed with my ex that he had no grit when it came  to solving personal problems. I think when he encountered an opportunity that cast him as a victim, he just stopped trying to figure things out.

I hope you get it resolved without too much fuss, david.

[david]

Ex is an RN and works in a hospital so she has good sources of information in this area. She always made sure I knew she was an RN and that I am unable to care for our boys when it comes to medical situations. It makes her feel good when she takes them to the pediatrician etc. so I usually let her do those things. I have taken them to doc appointments etc. but usually let her do it to avoid conflict.

I sent her an email today asking her what company she picked for CHIP since there is at least 8 to pick from. She indicated last week that she went through the pediatrician so everyone is on the same page. I also told her that if she did not provide me with the information I would contact several people (the ones she mentioned in her emails) to get the information from them.

My gut is telling me that she is angry and is refusing to give me any information or that she filled out the paperwork falsely and is scared of repercussions from that.

Her email stated that she wants nothing to do with an IRS audit or a state audit so I think she did something improper.