Question
What is the name of your state? Ohio
Can you tell me were I can find this out about the insurances being court ordered are not subject to the birthday rule? I have a girlfriend whos ex was court ordered to carry insurance for the kids. She re-marries new hubby gets family insurance, puts step kids on it and both insurance companies told her that because new hubbies birthday is first ex hubbies insurance is secondary and and new hubbies is primary. Is this how it is supposed to be in Ohio?
Thanks for your help
Answer
Offhand I'm not aware of any state that forbids the use of the "birthday rule" since it is by far the most common method of determining primary and secondary coverage when the same dependents are covered by two policies. Unless the court order specifically states that her ex husband's insurance MUST be primary, I see nothing wrong with this. The ex DOES have insurance on the kids, just like the court order says.