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Anyone know where I can find this info? Medi-Cal and custody

709 Views 13 Replies 7 Participants Last post by  Implode, 
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This question is specific to California. We wanted dss's mother to help pay for uncovered medical and dental bills. She says she shouldn't have to because she gets state Medi-Cal and he'd be covered 100%. That would be fine with me if I knew it were true. I'm afraid she'll use her Medi-Cal then the state will expect us to reimburse. My question is : Is it true that any child qualifies for Medi-Cal with their parent even if the other parent makes too much money to qualify?

The only info I can find is that "children living in the home" qualify, but he lives with us over 75% of the time. She'd say "he lives in the home," but I can't find any specifics about what that phrase means.
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Quote:

Originally Posted by Flor View Post
This question is specific to California. We wanted dss's mother to help pay for uncovered medical and dental bills. She says she shouldn't have to because she gets state Medi-Cal and he'd be covered 100%. That would be fine with me if I knew it were true. I'm afraid she'll use her Medi-Cal then the state will expect us to reimburse. My question is : Is it true that any child qualifies for Medi-Cal with their parent even if the other parent makes too much money to qualify?

The only info I can find is that "children living in the home" qualify, but he lives with us over 70% of the time. She'd say "he lives in the home," but I can't find any specifics about what that phrase means.
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I can't answer specific to California, but think this is something you should talk to a lawyer about. There is a difference between "living in the home" and "visitation." For federal income tax purposes if the child spends slightly over 50% of the time in one home, that parent is entitled to 100% of applicable deductables, unless there is another arrangement in the custody agreement.

Kiley
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My SIL is on medi-cal, and because my brother is not in the home, then she qualifies with my neice. However, when my brother lived in the home, they had a share of cost of almost $2000. They are now in the process of divorce, and he hasn't received any bills from medi-cal.

We are in California, so hopefully this helps.

Good Luck
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Quote:

Originally Posted by mom3b1? View Post
I can't answer specific to California, but think this is something you should talk to a lawyer about. There is a difference between "living in the home" and "visitation." For federal income tax purposes if the child spends slightly over 50% of the time in one home, that parent is entitled to 100% of applicable deductables, unless there is another arrangement in the custody agreement.

Kiley
Our lawyer has no idea. She's trying to find out and I am,too, but I can't find the information anywhere. The medi-Cal pages are so general, and it is hard to google "Medi-Cal" because you get everything that says "medical," too. I can't find a definition of what "living in the home means."
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liawbh
In Oregon, it goes by who claims the tax deduction.
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If he is not living with her she cannot claim him on her medical...it is fraud!

Plain and simple.

If she claims him on her medical, shes also gunna get foodstamps and prolly cash aid for him too, which is also fraud.

Im in Cali and I know this...ive seen so many cases of it in my area.
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S
If they have medi-cal you won't have to pay anything back. Who ever has primary custody by the courts is the one that needs to handle the medi-cal stuff.
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F
She has 25% custody. I've seen the application for Medi-Cal, it says "list all children who live in the home" but it doesn't define what that means. She'd say that her son lives in her home (for 25% of the time), so she thinks he qualifies. I doubt that he does since he is with us for 75% of the time and we don't qualfiy.

We are trying to come up with a child support agreement so we don't have to go to court. She doesn't think she should have to help with what our insurance doesn't cover because she says he can just be on her Medi-Cal and not pay anything. I can't find any detailled Medi-Cal information on line.

I think it would be fraud, too. I told her that if she is 100% sure and can document it that Medi-Cal relizes that he doesn't live with her and still says he qualifies, then great. The application just doesn't ask for that much detail.

I'm just nervous because in the past she did get cash aid for dss when he didn't live with her and the state billed dh.
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Quote:

Originally Posted by Satori View Post
If they have medi-cal you won't have to pay anything back. Who ever has primary custody by the courts is the one that needs to handle the medi-cal stuff.
We have primary custody and we don't qualify. He's on our private insurance now.
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Quote:

Originally Posted by lynnloves2 View Post
My SIL is on medi-cal, and because my brother is not in the home, then she qualifies with my neice. However, when my brother lived in the home, they had a share of cost of almost $2000. They are now in the process of divorce, and he hasn't received any bills from medi-cal.

We are in California, so hopefully this helps.

Good Luck
In our situation, it would be like if your niece lived with her dad. Would she still qualfiy with mom's Medi-Cal?
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L
Have you thought about just calling up the DHS and asking them? Just tell them your stepsons mom is wanting to claim him on her medical and you want to know if it is ok, since he is only with her roughly 25% of the time.

They should be able to give you an answer.
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Quote:

Originally Posted by lilgsmommy View Post
Have you thought about just calling up the DHS and asking them? Just tell them your stepsons mom is wanting to claim him on her medical and you want to know if it is ok, since he is only with her roughly 25% of the time.

They should be able to give you an answer.
I know that would be the simple solution, but I was on hold for over 20 minutes so I hung up! I guess I'll try again today.
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Originally Posted by Flor View Post
I know that would be the simple solution, but I was on hold for over 20 minutes so I hung up! I guess I'll try again today.

Try calling a smaller office
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I
I am a TAD (aka AFDC, TANF, whatever they decide to call it now from year to year) Worker in CA. I worked the MC only program back in the early 90's and have day to day contact w/MC workers now. Feel free to PM me the custody agreement (if there is one) and I would be happy to research the reg's for you.

I could venture an educated experienced guess based on what you posted but I in no way want to steer you wrong.

Out of town until Sunday but will check back in then and take your ??'s to a MC only worker on Monday.

HTH's!

J

EDIT: Removing a Quote I didn't mean to include LOL!
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