Who is primary when the exwife is to have coverage on the kids by court and doesn't but the stepfather and father have coverage and the father's birthday falls first and has had the policy longer?

Answer

If your ex-wife is not covering the children and is under court order you can take her back to court for contempt. You can choose to cover the children if you want, you are not legally obligated to, but it is in the best interest of the child(ren) to have coverage.

Answer

The courts may see the ex-wife as providing coverage via her husband, the step-father. This is something for the attorneys to decide, just in case you feel you haven't thrown enough money their way...Regardless, MOST (but not all)insurance companies go by the birthday rule, when determining primary coverage on dependent children. The person who's birthday falls fist in a calendar year is the primary coverage. Meaning if your birthday is January 5, and the childrens' step-father's birthday is March 1, then you are primary insurer via the birthday rule. This rule can be nullified if there is a court-order staing anything different.

Answer

Normally if there is a court order provided by law the ins carrier will go by the court document. If the court document is stated that either natural parent should carry the ins as primary first then the other pickup as secondary then thats how the claim should pay. If the primary parent does not have coverage under their own name/ssn and is held under the step-parent, that is still considered as the primary. Birthday rule is really applied if the parents are still married but has separate coverage covering the dependents on each plan. If the parents are separated with no court ordered document then it is based on where the child resides. Your insurance carrier should have a book on coordination of benefits regulations that will throughly describe how cob should be handled in different cases.

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Who is primary when the exwife is to have coverage on the kids by court and doesnt but the stepfather and father have coverage and the fathers birthday falls first and has had the policy longer?  Real father and step-father both have insurance coverage on children - who is primary?