Can my ex refuse to use the insurance I have through my job for my kids and use Medicaid instead?

Asked 3 months ago - Elgin, IL

I voluntarily added my children to my health insurance by asking the judge for a court order allowing me to do so, however, my ex did not want me to have my kids info (to prevent me from filing for them on my taxes) so she refused to cooperate with the order. HFS sent me their socials to add them to my insurance, which I did, and I sent my ex the insurance cards and information. Now, my ex is refusing to use my insurance for the kids and has been using Medicaid as the primary source of insurance without telling their doctor's office that they also have private insurance from my job. Can she get in trouble for this if I report her to HFS for fraud? What can happen once HFS realizes she has intentionally left my insurance off in an effort to avoid the co-pay?

Additional information

I also believe she is intentionally keeping my insurance off in an effort to prevent me from seeing when they go to the doctor and what doctor they go to. We are currently in the middle of a custody battle, to which a GAL has been appointed, but she refuses to cooperate with the investigation as well.

Attorney answers (3)

  1. Wes Cowell

    Contributor Level 18


    Lawyers agree

    Answered . You don't need a judge's order to insure your kids. You do, however, need your ex's cooperation or a court order to claim them on your taxes.

    She might get in some trouble if HFS finds out. To find out what might happen, you should call HFS and ask them rather than fish around in an online forum.

  2. David Matthew Gotzh


    Contributor Level 20


    Lawyers agree

    Answered . 1) Judge may only care if you show harm as a result. Otherwise, not seeing it go anywhere.

    2) GAL's usually don't care about finances, although notification of appointments may be a factor to look at. Read the 602 statute, look at the factors the court considers - think smarter, not harder. Also, don't don't don't (tattoo this if needed on arm) even think about crossing swords with the GAL. Nothing turns a 10k case into a 50k case faster than a client who crosses swords with a GAL.

    Talk to a family law attorney in your area for specific guidance.

  3. Alan James Brinkmeier

    Contributor Level 20


    Lawyers agree

    Answered . If you know of a crime such as Medicaid fraud you should report it

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