Posted on Apr 6, 2018
How is dependent Tricare coverage determined when going through a divorce?
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My wife wants a divorce we have 3 kids I am on military disability in order for my kids to keep tricare what percent of custody does my need in order for my kids to still be covered? My wife is stating she has to have 51% I have raised and taken carr of our kids for the past 6 years by my self damn near. (Needless to say they are my world) she is a E1 with no car no family care after the divorce.
JAG
Divorce
Posted 6 y ago
Responses: 10
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I had a conversation with someone the other day. As long as the divorce decree specifically states the children are to remain on Tricare provided by whomever is currently providing it you should be fine. I have never seen nor heard of there being a specific percent of custody to maintain insurance.
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SGT (Join to see)
SPC Joseph Casares - That I do not know. You would have to speak to a JAG about that information
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SFC (Join to see)
I forgot about that the decree would specify who covers the children on insurance. That is pretty common that either one or both have to provide insurance.
I would really, really go find a family law attorney if I were you. JAG does not represent military in divorces. They can provide resources - that's it. I know at Riley when I thought about divorce there was some brief we had to go to but it clearly stated JAG won't represent soldiers in family law cases.
Find a lawyer who offers a free consultation - or at least a few - in your area and see what they can tell you.
A lot of this also depends on the state you're in. Every state has different laws on custody. It also depends on your state about marital assets - which could include her bonus but may not. It depends on how a state determines when and what is marital asset and what isn't.
I would really, really go find a family law attorney if I were you. JAG does not represent military in divorces. They can provide resources - that's it. I know at Riley when I thought about divorce there was some brief we had to go to but it clearly stated JAG won't represent soldiers in family law cases.
Find a lawyer who offers a free consultation - or at least a few - in your area and see what they can tell you.
A lot of this also depends on the state you're in. Every state has different laws on custody. It also depends on your state about marital assets - which could include her bonus but may not. It depends on how a state determines when and what is marital asset and what isn't.
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I found this: https://tricare.mil/LifeEvents/Divorce/Custody
https://www.militarytimes.com/pay-benefits/military-benefits/health-care/2015/10/25/tricare-help-physical-custody-and-child-coverage/
I can't find a amount of shared custody for her to keep the kids on TRICARE.
I would talk to JAG and ask if they know any or look for any civilian lawyers who handle military family law.
If she doesn't have a FCP once she's divorced and can't come up with one, she's not going to be able to stay in.
https://www.militarytimes.com/pay-benefits/military-benefits/health-care/2015/10/25/tricare-help-physical-custody-and-child-coverage/
I can't find a amount of shared custody for her to keep the kids on TRICARE.
I would talk to JAG and ask if they know any or look for any civilian lawyers who handle military family law.
If she doesn't have a FCP once she's divorced and can't come up with one, she's not going to be able to stay in.
Getting Divorced - Custody Scenarios | TRICARE
Your child can only have one sponsor. When both parents are service members, you must decide together which will be the sponsor of your child’s benefits. If you can’t agree, visit an ID card office for help with how to decide. The ID card office can also update your child’s records.
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SFC (Join to see)
Well she very well can't take the kids to DLI or AIT. So she has to leave them with you or someone else. I think you're going to get custody based on the fact she's going to be gone for a year and a half at DLI then has AIT. I mean, she can always try to modify custody later.
I just don't know if there is a number on how much a soldier has of shared custody for them to be considered a dependent. I feel like if she has any custody she can put them in DEERS and then when they are with her they get TRICARE and in that link it says if they are with a parent who isn't in the military they need an ID card to get care with that parent (you).
She should be finding this out on her side too. But you can call TRICARE and ask to get a positive answer so they have that medical coverage if possible. But I can't see her getting sole custody right now. If you guys agreed on shared custody that's possible but it's not ever going to be 50/50.
I just don't know if there is a number on how much a soldier has of shared custody for them to be considered a dependent. I feel like if she has any custody she can put them in DEERS and then when they are with her they get TRICARE and in that link it says if they are with a parent who isn't in the military they need an ID card to get care with that parent (you).
She should be finding this out on her side too. But you can call TRICARE and ask to get a positive answer so they have that medical coverage if possible. But I can't see her getting sole custody right now. If you guys agreed on shared custody that's possible but it's not ever going to be 50/50.
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SFC (Join to see)
I just say it won't be equal 50/50 ever because you can't have 50/50 in any situation. The kids would be living out of their suitcases if they were in a true 50/50 situation. Most shared parenting I've seen in stories on forums or other places is 60/40 or something like that.
I really feel like for now if you filed, you'd probably get custody since she's in training for the next almost 2 years. But I can't see into the future. It all depends on the judge you go in front of.
I would call TRICARE and find out if the military parent has to have a certain amount of custody or not for the dependents to get TRICARE. It doesn't seem like it.
I really feel like for now if you filed, you'd probably get custody since she's in training for the next almost 2 years. But I can't see into the future. It all depends on the judge you go in front of.
I would call TRICARE and find out if the military parent has to have a certain amount of custody or not for the dependents to get TRICARE. It doesn't seem like it.
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SPC Joseph Casares
Yeah I was going to call them in the morning and check I have a jag appointment on Wednesday.
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I tried a quick google search and couldn't find anything. I would recommend that if 51% is the number and you agree to that you also get something in the contract that if she leaves the service and no longer has Tri-care custody will be re examined automatically or revert to 50/50 or whatever it would be if Tri-care wasn't an issue.
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