CA Support

[lokeen]

If there is welfare fraud, it will be found. While NCP may be required to provide medical insurance, she or CP may still obtain medical care elsewhere although why one would chose to have Medicare when they have private insurance is beyond me unless they want to hide something or are under the impression that NCP would have access to their medical records, which they are not unless the minor child waives that right.

So even if someone is provided private insurance, they can still qualify for MediCal?

 

[rmet4nzkx]

So even if someone is provided private insurance, they can still qualify for MediCal?

Yes if they qualify for it, also the father of the child will be responsible for baby's medical expenses that may be why they applied for state aid. Is there any summer visitation comming up?

 

[lokeen]

Yes if they qualify for it, also the father of the child will be responsible for baby's medical expenses that may be why they applied for state aid. Is there any summer visitation comming up?

Yes! Summer visitation is from June 10 thru August 10. Although ticket for daughter has not been purchased until she has been cleared to fly from her Dr. (she's due in October). Also another reason NCP would like to get her covered on private insurance, so she will be able to continue her appointments in Indiana WITH insurance.

How does the state hold the minor child accountable for the baby's expenses? Does it at all matter that NCP's insurance will cover all well baby costs until the baby and mother are discharged from the hospital?

Have I said thanks enough for all of the great info?!?!

 

[ceara19]

Yes! Summer visitation is from June 10 thru August 10. Although ticket for daughter has not been purchased until she has been cleared to fly from her Dr. (she's due in October). Also another reason NCP would like to get her covered on private insurance, so she will be able to continue her appointments in Indiana WITH insurance.

How does the state hold the minor child accountable for the baby's expenses? Does it at all matter that NCP's insurance will cover all well baby costs until the baby and mother are discharged from the hospital?

Have I said thanks enough for all of the great info?!?!

Most private insurers do NOT cover maternity costs for Dependant minors. There are provisions for out of state medical treatment when on state assistance. It is also doubtful that private insurance carried by mom and/or dad will cover the grandchild unless the grandparent has legal guardianship.

The baby will most likely qualify for state insurance to cover the medical costs.

 

[rmet4nzkx]

Yes! Summer visitation is from June 10 thru August 10. Although ticket for daughter has not been purchased until she has been cleared to fly from her Dr. (she's due in October). Also another reason NCP would like to get her covered on private insurance, so she will be able to continue her appointments in Indiana WITH insurance.

How does the state hold the minor child accountable for the baby's expenses? Does it at all matter that NCP's insurance will cover all well baby costs until the baby and mother are discharged from the hospital?

Have I said thanks enough for all of the great info?!?!

Is NCP planning on getting daughter in school during summer visitation or possibly even seek a change in custody? The neglect and truancy of daughter might be a factor. There is no reason why a pregnant girl can't go to school, even home school is possible. The 17 yo father should be working if he isn't going to school, the courts will impute at least a minimum wage income to him. Has there been a paternity suit filed against him yet or are they waiting until the baby is born, usually they have to name the father to get state aid and DNA is tested afer birth. NCP's insurance should cover daughter while visiting and daughter should have at least 2-3 prenatal visits during that time so appointments should be made so she can see a doctor just after she arrives, she will have some say in this. Also is she signed up for WIC? Does she plan to keep the child or give it up for adoption? She is still a child herself.

 

[ceara19]

Is NCP planning on getting daughter in school during summer visitation or possibly even seek a change in custody? The neglect and truancy of daughter might be a factor. There is no reason why a pregnant girl can't go to school, even home school is possible. The 17 yo father should be working if he isn't going to school, the courts will impute at least a minimum wage income to him. Has there been a paternity suit filed against him yet or are they waiting until the baby is born, usually they have to name the father to get state aid and DNA is tested afer birth. NCP's insurance should cover daughter while visiting and daughter should have at least 2-3 prenatal visits during that time so appointments should be made so she can see a doctor just after she arrives, she will have some say in this. Also is she signed up for WIC? Does she plan to keep the child or give it up for adoption? She is still a child herself.

Actually the 17YO father should be ARRESTED and charged with stautory rape.

 

[rmet4nzkx]

Actually the 17YO father should be ARRESTED and charged with stautory rape.

Unfortunately he is also a minor and may not be prosecuted unless or until paternity is confirmed if at all.

 

[lokeen]

Most private insurers do NOT cover maternity costs for Dependant minors. There are provisions for out of state medical treatment when on state assistance. It is also doubtful that private insurance carried by mom and/or dad will cover the grandchild unless the grandparent has legal guardianship.

The baby will most likely qualify for state insurance to cover the medical costs.

Private insurance company will be covering all maternity costs for minor child. I have spoken with them on several occasions and even have what the policy will cover for minor child in writing. This was all sent to CS Office in Butte Co. Ins Co. will also be covering all well baby costs while minor child and baby are in the hospital immediately following delivery. (ie, initial exam, first set of immunization and any/all care related to delivery of baby). The coverage of minor child will continue after dismissed from the hospital. The only way to continue coverage of baby is if NCP is able to obtain guardianship.

Because NCP is in Indiana and that is where private insurance is held, Insurance Co. has stated that they will cover based on Indiana law without regard to CA statutes.

I was not aware that there was out-of-state coverage when on state assistance. Thank you! I really need to research the Medi-Cal program a lot more!!!

 

[lokeen]

Is NCP planning on getting daughter in school during summer visitation or possibly even seek a change in custody? The neglect and truancy of daughter might be a factor. There is no reason why a pregnant girl can't go to school, even home school is possible.

NCP has enrolled daughter in a summer program for pregnant teenagers. The problem is that there is only a High School Diploma program offered and daughter had not yet completed 8th grade before getting pregnant. Program has offered to test daughter to see if she can academically qualify for HS summer program.

NCP has also decided not to pursue filing for change in custody until daughter arrives for summer visitation and becomes acclimated to her new environment. It was difficult to convince daughter to even temporarily leave her boyfriend. NCP wants to earn her trust before broaching the subject. They have had a long distance relationship for several years. Once/year he flies out to CA for 1 week and once/year daughter spends 2 weeks with NCP. This is the 1st time CP has agreed to let daughter come out for a longer period of time.

The 17 yo father should be working if he isn't going to school, the courts will impute at least a minimum wage income to him. Has there been a paternity suit filed against him yet or are they waiting until the baby is born, usually they have to name the father to get state aid and DNA is tested afer birth.

NCP is not aware of the status of paternity. The overall goal is to get her out of the impoverished situation she is currently in and show her that she has additional options available to her.

NCP's insurance should cover daughter while visiting and daughter should have at least 2-3 prenatal visits during that time so appointments should be made so she can see a doctor just after she arrives, she will have some say in this. Also is she signed up for WIC? Does she plan to keep the child or give it up for adoption? She is still a child herself.

NCP has already called family doctor and he has agreed to see daughter during summer visitation. NCP has also sent all of the family doctor's info to daughter and she has agreed to see him. Her first appointment is scheduled 3 days after she arrives. Currently daughter is seeing a midwife in CA. Midwifery is not available in Indiana, so daughter is nervous about the difference. This first appointment is considered a "consultation" with NCP's family Dr. to ensure that daughter is comfortable continuing to see him.

Not sure what state assistance she has registered for. Just know that she is currently on Medi-Cal.

Right now she wants to keep the baby, but again, NCP wants to give her the opportunity to see all options available.

(sorry so long)

 

[ceara19]

She really needs to be seeing a doctor instead of a midwife anyway. At her age, there are too many things that can go wrong VERY quickly.

 

[lokeen]

She really needs to be seeing a doctor instead of a midwife anyway. At her age, there are too many things that can go wrong VERY quickly.

Agreed! NCP was surprised that, due to her age, she wasn't already considered high risk. She's so little. NCP (and I) have been very worried about her ability to carry this pregnancy to term.

 

[rmet4nzkx]

NCP has enrolled daughter in a summer program for pregnant teenagers. The problem is that there is only a High School Diploma program offered and daughter had not yet completed 8th grade before getting pregnant. Program has offered to test daughter to see if she can academically qualify for HS summer program.

Excellent opportunity and providential that such a program is available, hopefully she will both qualify and cooporate. Butte county is fairly rural so some the the programs may not be available there beyond WIC.

NCP has also decided not to pursue filing for change in custody until daughter arrives for summer visitation and becomes acclimated to her new environment. It was difficult to convince daughter to even temporarily leave her boyfriend. NCP wants to earn her trust before broaching the subject. They have had a long distance relationship for several years. Once/year he flies out to CA for 1 week and once/year daughter spends 2 weeks with NCP. This is the 1st time CP has agreed to let daughter come out for a longer period of time.

This makes sense, you need daughter's cooporation in any event. CP will fight any change in custody because it will affect the amount of child support they receive, be sure that if and or when this happens that ncp petitions the court to appoint a GAL for daughter.

NCP is not aware of the status of paternity. The overall goal is to get her out of the impoverished situation she is currently in and show her that she has additional options available to her.

Well status can be learned once child is in IN also paternity can be filed.

NCP has already called family doctor and he has agreed to see daughter during summer visitation. NCP has also sent all of the family doctor's info to daughter and she has agreed to see him. Her first appointment is scheduled 3 days after she arrives. Currently daughter is seeing a midwife in CA. Midwifery is not available in Indiana, so daughter is nervous about the difference. This first appointment is considered a "consultation" with NCP's family Dr. to ensure that daughter is comfortable continuing to see him.

Excellent and sensetive, ironic that a 14 yo girl is pregnant but unsure re seeing a physician, she really needs childbirth prep classes, hopefully they will be a part of her summer school program.

Not sure what state assistance she has registered for. Just know that she is currently on Medi-Cal.

Right now she wants to keep the baby, but again, NCP wants to give her the opportunity to see all options available. (sorry so long)

THat is ok you answered a lot of questions. If she decides on adoption, that may be in the best interest of both the minor mother and child, sheis so young, she should be playing with dolls and riding horses not contemplating diapers, crying babies, labor and delivery.Keep us updated.

 

[rmet4nzkx]

I am posting your new thread here because you referenced it and it is not locked You may want to delete the other thread, this will save posters from going back and forth.

What is the name of your state? IN/CA

Background: https://forum.freeadvice.com/showthread.php?t=319358

New development: NCP was attempting to start the process of filing for a modification in Child Custody. We went through files to find his original divorce decree (to reference the case number on paperwork) and didn't have one. He contacted Butte Co. Superior Court yesterday to obtain a copy and was told that his divorce was never finalized and eventually dismissed because the Statue of Limitations was up. So, this means legally he is still married to his 1st wife.

Doesn't this also mean that custody and child support were never established?

NCP also contacted Butte Co. Child Support office and asked what prompted the collection of child support. He was told that CP came in to register for welfare and stated that she was divorced. This (not the actual divorce decree) is what prompted the colleciton of child support. BCCS suggested that he obtain an Indiana Lawyer since that is where he lives.

Will an Indiana lawyer be able to help?

Lastly, I guess this means that I am not married to my husband. What do I do? Do I just wait for some sort of resolution to his matter, or am I required to do something in the interim?

What is the name of your state?

Well this opens up a can of worms, however custody and child support can be ordered even if there isn't a divorce action.

It is possible to obtain the divorce Nunc pro Tunc but that will take some work since the case was dismissed but he may file to re open the case under CA Code of Civil Proceedure I think 473? and perhaps the FLF ofice can assist in the nunc pro tunc and make his divorce effective back to when he thought it was final. Does he know whay it was never finalized? The reason for the error needs to be stated in the declaration for the nunc pro tunc https://forum.freeadvice.com/showthread.php?t=217069

Yes the judge will change the date if there was an error, Nunc Pro Tunc, call the family law court in the county where your divorce was final and ask their local rules for this so you can place your declaration on the correct form. They do it all the time. The will have a stamp for it, because they do it all the time. This will cost you a lot less than getting a divorce or remarrying and you will still have the same length of marriage should you become divorced.
California Family Code
2346. (a) If the court determines that a judgment of dissolution of
the marriage should be granted, but by mistake, negligence, or
inadvertence, the judgment has not been signed, filed, and entered,
the court may cause the judgment to be signed, dated, filed, and
entered in the proceeding as of the date when the judgment could have
been signed, dated, filed, and entered originally, if it appears to
the satisfaction of the court that no appeal is to be taken in the
proceeding or motion made for a new trial, to annul or set aside the
judgment, or for relief under Chapter 8 (commencing with Section 469)
of Title 6 of Part 2 of the Code of Civil Procedure.
(b) The court may act under subdivision (a) on its own motion or
upon the motion of either party to the proceeding. In contested
cases, the motion of a party shall be with notice to the other party.

(c) The court may cause the judgment to be entered nunc pro tunc
as provided in this section, even though the judgment may have been
previously entered, where through mistake, negligence, or
inadvertence the judgment was not entered as soon as it could have
been entered under the law if applied for.
(d) The court shall not cause a judgment to be entered nunc pro
tunc as provided in this section as of a date before trial in the
matter, before the date of an uncontested judgment hearing in the
matter, or before the date of submission to the court of an
application for judgment on affidavit pursuant to Section 2336. Upon
the entry of the judgment, the parties have the same rights with
regard to the dissolution of marriage becoming final on the date that
it would have become final had the judgment been entered upon the
date when it could have been originally entered.

Now do you have cusdoty of the child for summer visitaiton? How is her pregnancy progressing?

 

[lokeen]

trying...

FLF in Butte Co. has been contacted. The didn't say anything about nunc pro tunc. When I asked, she only said that he had to refile. Then she faxed me a list of Family Law Attorneys in the Chico/Oroville/Paradise area. We did contact a local attorney in Indiana and he said that if NCP must start over, he might as well do it in Indiana.

As to why it was never finalized, I cannot say for sure. When going through our files, I found a letter from Butte Co. stating when the final court date was set, but nothing dated after that. NCP was already living in Indiana by this time and would not have appeared for final hearing, so maybe she didn't appear? I'm not sure and we are not wanting to bring it up to her until we know what all of our options are. (or HIS options...sorry) Overall, I would say that the error is stupidity...and I'm not sure how one would state that legally!

My step-daughter is doing as well as can be expected given her age. We had an ultra-sound and found that she is having a girl. (We were thrilled because I just had a daughter a year ago and have more baby girl stuff then I know what to do with). She has been very open to the changes that she endured coming out here. She is healthy (which is a blessing); however the Dr. has told both of us that he doubts she will carry to term...she's just too small to handle it. She has repeatedly stated that she would like to stay. That's why we were looking through the files, so we could get our paperwork in order to file when ready.

We have yet to broach the adoption issue, but she's only been here for 3 weeks. One step at a time...right?!

Now with all of this going on, I'm not sure what to do...

 

[rmet4nzkx]

FLF in Butte Co. has been contacted. The didn't say anything about nunc pro tunc. When I asked, she only said that he had to refile. Then she faxed me a list of Family Law Attorneys in the Chico/Oroville/Paradise area. We did contact a local attorney in Indiana and he said that if NCP must start over, he might as well do it in Indiana.

As to why it was never finalized, I cannot say for sure. When going through our files, I found a letter from Butte Co. stating when the final court date was set, but nothing dated after that. NCP was already living in Indiana by this time and would not have appeared for final hearing, so maybe she didn't appear? I'm not sure and we are not wanting to bring it up to her until we know what all of our options are. (or HIS options...sorry) Overall, I would say that the error is stupidity...and I'm not sure how one would state that legally!

My step-daughter is doing as well as can be expected given her age. We had an ultra-sound and found that she is having a girl. (We were thrilled because I just had a daughter a year ago and have more baby girl stuff then I know what to do with). She has been very open to the changes that she endured coming out here. She is healthy (which is a blessing); however the Dr. has told both of us that he doubts she will carry to term...she's just too small to handle it. She has repeatedly stated that she would like to stay. That's why we were looking through the files, so we could get our paperwork in order to file when ready.

We have yet to broach the adoption issue, but she's only been here for 3 weeks. One step at a time...right?!

Now with all of this going on, I'm not sure what to do...

Well they aren't going to spoon feed your husband information about how he can resolve the problem without some basis in fact or him asking. So he will want to order a copy of the entire closed file, it may be ready except for someone actually sending it to the judge to sign, you won't know if it qualifies for a nunc pro tunc without a copy of the file. That would be the quickest was to resolve the problem without having to file for divorce in your state and annuling your marriage and remarrying once he is free to marry, the nunc pro tunc is the same as it would have been if what ever error did not occur. It may be worth contacting an attorney in Butte Co and they may at the same time readdress the custody and visitation issue.

At least you have your stepdaughter out there with you and she is ok. You may be able to get an extention if the doctor feels that she should not travel until after she has the baby, at which time she may have been there almost long enough to establish residency. Obviously there is an issue with parental neglect with a 14 yo not in school and pregnant and it is possible a judge may listen to her. If the subject of adoption comes up, even though she is responsible for her child and to sign for her own medical treatment it may still require the custodial parent's signature for adoption since she is still a minor and also to petition to establish paternity. Is she in that school program for pregnant teen mothers?