Can health insurance deny stepchildren?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 11 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 11 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


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption