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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102184
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What happens if my wife, or soon to be ex wife, reports me

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What happens if my wife, or soon to be ex wife, reports me for falsifying information on her all kids insurance app so that she and our two children can continue to get medical benefits even though I do not have medical insurance myself. I am self employed and although I do make enough to purchase a medical plan, we chose not to so that she can continue to stay at home and take care of the kids. She has threatened to do this or report me to the IRS( even though I am pretty honest on my tax returns) anytime she gets mad at me (usually over money). If she does report me then would she be losing her benefits, or just hanging me out to dry only so she can apply herself having no income?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

How exactly is she claiming that you are falsifying the insurance application? What is the allegation?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.
Thank you for the response, Ely. Basically I am leaving out the fact that I own a 3 unit rental property which does generate some profit IF all the units are rented and I am not replacing delapidated materials and or fixtures. Also the All Kids App does not ask for tax return information, just pay stubs or business records if you are self employed. The last time I renewed the income information I had to list income and expenses for my home repair business, but I am not able to list all the income because they have denied us before and I don't feel that I can afford a policy for all of us on my income alone, as it is rather sporadic and my wife said it was more important to save the money for a better house, mini van, etc. and since " other people have to do it, we can do it".
Thank you D.

What state is this in, please? Sorry, I should have asked this before.
Customer: replied 4 years ago.
Thank you, D.

What happens if my wife, or soon to be ex wife, reports me for falsifying information on her all kids insurance app so that she and our two children can continue to get medical benefits even though I do not have medical insurance myself.

Nothing criminal is likely to happen. This is not a criminal matter because this has to do with two entities in a contract. So there is unlikely to be any criminal action.

Civilly, if the insurance company really wanted to, they could take you to court for fraud. The elements of common law fraud are: (1) a false statement of material fact; (2) defendant's knowledge that the statement was false; (3) defendant's intent that the statement induce the plaintiff to act; (4) plaintiff's reliance upon the truth of the statement; and (5) plaintiff's damages resulting from reliance on the statement. Board of Education, 131 Ill.2d at 452, 137 Ill.Dec. 635, 546 N.E.2d 580; Gibbs v. Ernst, 538 Pa. 193, 210, 647 A.2d 882, 889 (1994).

However, what (allegedly) has been done here has not been used to "increase" insurance, but simply leaves out some parts. At best, XXXXX XXXXX drop your policy.

The Illinios Insurance Claims Fraud Prevention Act (740 ILCS 92) is focused more on false pretenses to get paid out, so this does not apply. If she believe that this may qualify for this act, then she is wrong.

And yes, she would shoot herself in the foot. It is very common for individuals in such situations to make threats and allegations, but in about 95% of the time, nothing is actually ever reported. And again, even if it is, the worst that can happens is that the insurance coverage may be dropped.

The IRS has nothing to do with this and I do not even know why she is bringing this into the matter. If your taxes is sound, then you have nothing to worry about and your insurance matter is wholly different from your taxes. It sounds like she may be grasping at straws to make a valid threat, but she has little to go on.

I hope this helps and clarifies. Best of luck.

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