Q: Medical Support / Medicaid / Texas
In our final order, I, the father and non-custodial parent, am responsible for 50% of my daughters' medical support. For more than half the time since 2012, her mother, who is responsible for the other 50%, has either registered my daughter with Medicaid or my daughter has had no medical coverage whatsoever. It is my contention her mother has potentially committed Medicaid fraud by having my daughter remain on Medicaid while having an income well above the legal limits. Can there be a credit or clawback of funds paid but not used for medical insurance purchases?
A: Typically, the non-custodial parent is responsible to provide health insurance coverage for the child. So, in the typical case, no. If your divorce decree or custody order contains non-standard provisions, whether you are entitled to any credits or clawback will depend on the language of the particular decree or order. You should take the decree or order to a family law attorney in or near the county where the custodial parent resides with the child.
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