Legal Question in Health Care Law in California

my daughters mom and i where thinking of putting our daughter under her stepfathers tricare plan but then she told me i wouldnt be able to put her as my dependent on the taxes but she lives with me is that true what she said and why?. her mom is in germany she got married and lives with her husband. and also does that give them an advantege in court if they wana take my daughter away at somepoint?

Asked on 11/12/10, 11:09 am

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Generally the only way a step-parent can put a child on their medical plan is if the child is their legal dependent. That would preclude you from claiming the dependent deduction. Since your daughter lives with you, it might be insurance fraud to let them claim her anyway, but that would be something they would need to figure out with their plan administrator: how much physical responsbililty would the need to have to qualify her as his dependent. If primary physical custody is required, it would be fraud to have them put her on the insurance unless she went to live with them.

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Answered on 11/17/10, 3:56 pm

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