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Military Families Military Families

Denied court ordered benefits

Posted by on Nov. 12, 2013 at 9:02 AM
  • 22 Replies
I was just informed that the military would deny DD's court ordered medical benefits because she does not live with biodad. Can some one please tell me if this is true or not? Thanks.
by on Nov. 12, 2013 at 9:02 AM
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Replies (1-10):
sleepy_in_va
by Silver Member on Nov. 12, 2013 at 9:39 AM
Not sure so here is a bump for you! Hopefully someone here knows the answer! Good luck!
Posted on CafeMom Mobile
jkleinman
by on Nov. 12, 2013 at 10:01 AM
Thank you.

Quoting sleepy_in_va:

Not sure so here is a bump for you! Hopefully someone here knows the answer! Good luck!
Mrs.Kubalabuku
by Member on Nov. 12, 2013 at 10:03 AM
2 moms liked this

I'm not sure of the exact situation.

But I can say this:  My nieces get their medical benefits from their active duty father and they do not live with him.

Is DD enrolled as a dependant in Tricare?  Is she covered by a policy you have now?

Who informed you of this?  I can see how it is possible, but it isn't likely.

mrsary
by Bronze Member on Nov. 12, 2013 at 10:05 AM
2 moms liked this
To my knowledge we don't have to have custody of the child. As long as we are the legal parents, they qualify for benefits and are added to our DEERS. Her biodad would have to add her.
jkleinman
by on Nov. 12, 2013 at 10:20 AM
At this time she is not as he has been giving me the run around. Some one in the military gave me this information. He is not on the birth certificate at this time, but we do have a court ordered paternity test proving he is her father.

Quoting Mrs.Kubalabuku:

I'm not sure of the exact situation.

But I can say this:  My nieces get their medical benefits from their active duty father and they do not live with him.

Is DD enrolled as a dependant in Tricare?  Is she covered by a policy you have now?

Who informed you of this?  I can see how it is possible, but it isn't likely.

Mrs.Kubalabuku
by Member on Nov. 12, 2013 at 10:25 AM


Until she is enrolled she isn't covered.  It's possible they'll back date her coverage, but I wouldn't rely on that.  Unless this person was a lawyer or Tricare consultant, I wouldn't give their input much thought.  As far as I can tell, you're following proper legal action.  Once paternity is established, the court order will force him to add her to his insurance and she'll be covered.

While my sister didn't have to establish paternity with her active duty ex, she did have to get a court order for him to cover the children's insurance.  He's in Germany, she's in Montana.  But they have healthcare, dental, and optometry covered.

Obviously there are little nuances and such that could come up.  But in general, a parent doesn't have to be living with biological children to have them covered.  They just need to enroll the child within so many days of birth or established paternity.

Quoting jkleinman:

At this time she is not as he has been giving me the run around. Some one in the military gave me this information. He is not on the birth certificate at this time, but we do have a court ordered paternity test proving he is her father.

Quoting Mrs.Kubalabuku:

I'm not sure of the exact situation.

But I can say this:  My nieces get their medical benefits from their active duty father and they do not live with him.

Is DD enrolled as a dependant in Tricare?  Is she covered by a policy you have now?

Who informed you of this?  I can see how it is possible, but it isn't likely.



TonyaLea
by Silver Member on Nov. 12, 2013 at 11:40 AM
1 mom liked this

Sounds like you got some very informative answers.  I don't have any specific experience in the area, but it was always my impression that all legal children are eligible for tricare, as long as they are enrolled in DEERS.  It sounds like you just need to figure out the legal routes of how to make him do that.

jkleinman
by on Nov. 12, 2013 at 11:43 AM
Thank you very much!!

Quoting Mrs.Kubalabuku:


Until she is enrolled she isn't covered.  It's possible they'll back date her coverage, but I wouldn't rely on that.  Unless this person was a lawyer or Tricare consultant, I wouldn't give their input much thought.  As far as I can tell, you're following proper legal action.  Once paternity is established, the court order will force him to add her to his insurance and she'll be covered.

While my sister didn't have to establish paternity with her active duty ex, she did have to get a court order for him to cover the children's insurance.  He's in Germany, she's in Montana.  But they have healthcare, dental, and optometry covered.

Obviously there are little nuances and such that could come up.  But in general, a parent doesn't have to be living with biological children to have them covered.  They just need to enroll the child within so many days of birth or established paternity.


Quoting jkleinman:

At this time she is not as he has been giving me the run around. Some one in the military gave me this information. He is not on the birth certificate at this time, but we do have a court ordered paternity test proving he is her father.



Quoting Mrs.Kubalabuku:

I'm not sure of the exact situation.

But I can say this:  My nieces get their medical benefits from their active duty father and they do not live with him.

Is DD enrolled as a dependant in Tricare?  Is she covered by a policy you have now?

Who informed you of this?  I can see how it is possible, but it isn't likely.




gunsgirl
by Silver Member on Nov. 12, 2013 at 12:02 PM

it is not true since paternity has been established once the court order has been issued you or your attorney will need to compell him to add her to DEERS and enroll her into tricare.

BUT a court order will only order the dad to enroll her it will not make the military enroll her.

unfortunately "making" him do it is a completely different matter, if he failed to do it in the court order time frame, then you would then have to take him back to court for contempt of court once he is found in contempt of court, your attorney can file a motion with JAG to make him enroll the child in DEERS and tricare.

this is as long as he does not deploy during the procedings.

it can be a long expensive road.

jkleinman
by on Nov. 12, 2013 at 12:08 PM
Ok. Thank you for the information.

Quoting gunsgirl:

it is not true since paternity has been established once the court order has been issued you or your attorney will need to compell him to add her to DEERS and enroll her into tricare.


BUT a court order will only order the dad to enroll her it will not make the military enroll her.


unfortunately "making" him do it is a completely different matter, if he failed to do it in the court order time frame, then you would then have to take him back to court for contempt of court once he is found in contempt of court, your attorney can file a motion with JAG to make him enroll the child in DEERS and tricare.


this is as long as he does not deploy during the procedings.


it can be a long expensive road.

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