Legal Question in Family Law in New Jersey
Guardianship - who is responsible for health benefits
Parents divorced approx. 8 years ago. Mother dies and states in will wants her sister to have guardianship of minor child. Father has been maintaining health benefits on child. Who is actually responsible for maintaining benefits? Father or legal guardian? Also, if child is receiving Social Security Benefits (that his guardian is collecting) isn't it automatic that he also be receiving Medicare part A and B? Big dispute over this and I hope you can answer this since guardian is threatening to take me to small claims court for the collection of unpaid medical benefits. No formal agreement was ever reached between guardian and myself regarding any matters except that she would waive any further child support due to amount received from Social Security. Please help - I need some answers right away. Thank you in advance.
1 Answer from Attorneys
Re: Guardianship - who is responsible for health benefits
I am assuming (but am not sure whether)you are the father. In that case, I do not understand why you are not the legal guardian of the child. It is a very unusual circumstance that the remaining parent is not the legal gurardian. That issue needs to be cleared up. The other issue is whether or not the guardian can waive child support. The Courts really frown on that and waivers in that regard are rarely binding. With regard to the benefits, some attorneys specialize in that area and appeals can be made if some benefits are being wrongfully witheld. I realize I have not fully answered your questions. However, much more information is needed. You should immediately contact an attorney. If you want me to assist you, feel free to call me at 856-546-8010. Mention LawGuru and your first consultation will be free. Good Luck! Rob Gleaner
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