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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I believe a dependent is a a full dependent regardless of custody. You need to talk with a military attorney to make sure. But, common throughout all the laws of different States, a parent is financially obligated to support their minor children, and the level of support required often go up when level of custody goes down.
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If she had a$42,000 sign on bonus when she joined would I be entitled to half of it?
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Can anyone send me a Proof the military regulations on tricare coverage and divorce
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Can anyone send me a off. On the military regulations on tricare for dependants after divorce
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SFC (Join to see)
There isn't a regulation I am aware of that covers TRICARE and divorce. That would fall under TRICARE policies. You need to talk to TRICARE.
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I found this: https://www.military.com/spouse/military-benefits/questions-benefits-getting-divorced-what-military-benefits-kids.html
"When your husband (or you, if you still have the current power of attorney) apply for their ID cards, you will fill out a "remarks" section and note whether the service member is providing more than 50 percent of child support. Whether he is providing more than 50 percent changes which benefits the children can receive."
I really feel like with TRICARE the kids can stay on her TRICARE after the divorce regardless of how much custody based on some forums I read. I found one where someone said they had a friend divorcing and the ex was military. That this military ex was trying to argue since the kids were on TRICARE he should pay less child support (which makes no sense).
I think the kids would be still qualified as her dependents and get TRICARE. They will have to get ID cards so when they are with you they can still use it.
"When your husband (or you, if you still have the current power of attorney) apply for their ID cards, you will fill out a "remarks" section and note whether the service member is providing more than 50 percent of child support. Whether he is providing more than 50 percent changes which benefits the children can receive."
I really feel like with TRICARE the kids can stay on her TRICARE after the divorce regardless of how much custody based on some forums I read. I found one where someone said they had a friend divorcing and the ex was military. That this military ex was trying to argue since the kids were on TRICARE he should pay less child support (which makes no sense).
I think the kids would be still qualified as her dependents and get TRICARE. They will have to get ID cards so when they are with you they can still use it.
We're Getting Divorced. What Military Benefits Do Our Kids Get?
The military benefits that children of divorced service members receive are determined by a number of factors.
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I have contacted jag waiting on a consult b4 we file I'm just trying to mentally prepare for the best and worst case sinario
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SPC Joseph Casares
I'd be fine with 50 50 and some custody if thats an option she didn't know how to take care of them I could go out to get a part for a car be gone for 1 or 2 hours trying to find the damn part and she calls me screaming she can't handle them she has no patients
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SFC (Join to see)
SPC Joseph Casares - You would work out a parenting plan if it's shared. She probably wouldn't get a lot of time if she's in training as long as you say.
Honestly you need to talk to a family law attorney. JAG doesn't handle divorces. You need some legit legal advice on this one. From what you say, things point more in your favor because you're the primary caregiver.
What do you mean no FCP unless she divorces you for another dude? Do you know what a FCP is? You don't have to have a significant other to have a FCP. I'm a single mom. My ex husband is in no way involved in my FCP because he's in prison right now and he's been in and out of jail and rehab since we got divorced. He has no parenting time because he didn't show up to court for our divorce. My FCP is my brother and his wife take her for long term. For short term now I have a couple people local who can help out. Like I just went to SLC my brother and SIL kept her.
So she doesn't need to have another dude to have a FCP. Her FCP could be her parents, her family, friends - anyone. FCPs aren't legal documents by the way. It's just something for the Army to show that soldier has a plan. A FCP can't override a legal court ordered custody order.
At this point she definitely shouldn't get sole custody. Even if you did, later on she could request to modify that.
Again look up family law attorneys in your area. Find ones with free consultations. At least that way you can get a free 30 minutes to get some advice. JAG might be able to point you in a direction.
Honestly you need to talk to a family law attorney. JAG doesn't handle divorces. You need some legit legal advice on this one. From what you say, things point more in your favor because you're the primary caregiver.
What do you mean no FCP unless she divorces you for another dude? Do you know what a FCP is? You don't have to have a significant other to have a FCP. I'm a single mom. My ex husband is in no way involved in my FCP because he's in prison right now and he's been in and out of jail and rehab since we got divorced. He has no parenting time because he didn't show up to court for our divorce. My FCP is my brother and his wife take her for long term. For short term now I have a couple people local who can help out. Like I just went to SLC my brother and SIL kept her.
So she doesn't need to have another dude to have a FCP. Her FCP could be her parents, her family, friends - anyone. FCPs aren't legal documents by the way. It's just something for the Army to show that soldier has a plan. A FCP can't override a legal court ordered custody order.
At this point she definitely shouldn't get sole custody. Even if you did, later on she could request to modify that.
Again look up family law attorneys in your area. Find ones with free consultations. At least that way you can get a free 30 minutes to get some advice. JAG might be able to point you in a direction.
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SPC Joseph Casares
I know its a family care plan but she's I'm cali no one in her family lives near where she is and can't come to her or help her she has no transportation to get the kids to an from day care or school and if she has to get them to those locations idk how she can properly provide what our kids need without her getting kicked out I have a jag appointment Wednesday for a consult to start getting aid in this matter like u suggested
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SFC (Join to see)
I'm just saying she doesn't have to have another guy in her life to have a FCP.
I very highly doubt she gets custody at THIS point in her career if she stays in. You would likely get sole or joint. But she can always come back later and try to modify custody.
Again I'd go talk to a family law attorney and that's likely what JAG is going to tell you to do.
I very highly doubt she gets custody at THIS point in her career if she stays in. You would likely get sole or joint. But she can always come back later and try to modify custody.
Again I'd go talk to a family law attorney and that's likely what JAG is going to tell you to do.
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