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Which parent should apply for medicaid for minor child, since they live in different states? Both originally lived in new hampshire, so the child has healthy kids gold until sometime in august, renewal just came in mail. mother took off to maine, where she is leaving said child for now with the father in new hampshire, they are planning on joint custody, with the mother being the primary caregiver. But she wants child to have new hampshire medicaid, so he can still have his doctors. Can my son the father of the child apply for the healthy kids for his son, or does the mother have to get the maine medicaid for the child. thank you judy Oh my son is on ssdi, and the mothers child gets a monthy ssdi check for the child.
Optional Information: State/Country of Question: New Hampshire Already Tried: Just recieved news today, so haven't done anything.
Thanks for your question. Father here needs to get legal custody. Because whoever gets custody and enrolls the child the other parent has to pay it back . The state will prioritize repayment of expended funds here. So to me your some should get custody here and the ex has to pay. Otherwise if she signs up here he gets stuck with all expended funds. That includes premiums and funds for care of child at docotrs/hosptials expended by medicaid. It is critical he is awarded physical custody or get ready to pay here. He won't get the SSDI check for the child either.She wants the check but she wants him to pay here and that isn't right. He may need a lawyer to pursue physical custody..
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I don't quite understand the answer. There is no way she will give him primay custody. So if she has primary custody, then she will have to apply to the state of maine for medicaid. How will my son be responsible then?
Anytime the state pays benefits for the child here to mom or custodial parent--medicaid, TANF, etc they come after dad for restitution. They seek money here from the noncustodial parent. The state here by federal law has to prioritize recovery of funds from the noncustodial parent. I worked for child support here and we definitely wanted to work these kinds of case. Your son may not know this but they will be seeking restitution. If she has primary and the child gets SSDI then she ahs to apply where she lives. If he has the kid her he needs to file for custody. It is important here that he have legal right to keep the child.
Son is in process of doing joint custody right now so he has some leverage in visitation, since shes moved out of state. the situation is just temporary untils she gets her blank together. so i guess the answer is to tell her she has to file in her own state.
Yes if she has the physical custody she has to file where she is resident here. I hope he goes for physical custody here as mother isn't very reliable and your son seems like he would be the best choice. Good luck here..
Listen thankyou very much,for answering my question, my son who has a high functioning austism strike against him would have a very hard time getting the courts to give him custody, but he has a very good support group and is recieving ongoing suport and therapy, and taking parenting classes to prove he is a good dad, he takes care of his child 24/7, and is the most patient/caring father. So thankyou for your well meaning suggestion.
You're welcome and good luck..Ray
Experience: 25 years in civil, criminal, family, probate, elder issues, and administrative law