Would me doing this be FRAUD?

[Beeheery]

I first want to thank everyone who has been helping with my NUMEROUS questions regarding my roommate situation and every other question I have posted here over the past 3 years. To make a VERY LONG story short, I was under the assumption my roommate made 100K a year. He doesn't-he makes 70K but WILL be making 100K come January 1, 2011. So...to avoid anymore hassle/confusion/stress on my end, I am going to file this year before his income shoots up another 30K. OK...now here is what I am wanting to do but don't know if it would be considered fraud or if I would get in trouble for it. I currently am uninsured. I lost my student health insurance since I am no longer in school and I cannot afford private insurance since I am unemployed and make next to nothing. My biggest fear after filing is being uninsured and then getting sick/hospitalized and end up with thousands and thousands of dollars in medical bills. Soo.....I was talking with my roommate and he said that he would go to the courthouse with me and we would get a marriage license AFTER I filed so that I could have insurance under him (he has EXCELLENT benefits). He then said though that we would divorce once I got my own health insurance. So, would it be fraud to file BK under "single", then get married right after filing so that I am covered? Also, would a trustee know/object to me getting married/divorced in a short amount of time? I am not proud that I would have to do this and it is frankly EXTREMELY embarassing but I don't know what else to do. I would be eligible to have my NEEDED surgery covered under his insurance and then after that is done, I will (hopefully) be healthy enough to get a job again and become financially independent. Sorry for the long post but you guys have been so helpful that I figured someone might know or have any advice regarding this. Thanks so much!

[sunshinepa]

I don't know about this issue being fraud and would not want to speculate. However.........have you looked into a program in your state? Here in PA, they have a healthcare program for adults as well as children. It depends on your income to qualify for the free and it also covers adults at a very low cost in some cases.

You might want to check with your state's Department of Welfare or their website to see if they have one.............would maybe solve your problem.

Just a suggestion.

Good luck!

[Pandora]

If you lost your health insurance and didnt do COBRA - then you now have pre-existing conditions and clauses that come into effect which means most of your medical issues will not be covered for a 12-24 month window under any new insurance you may obtain. In short - yes.. I believe its fraud - for insurance purposes.

Why dont you see what you qualify for on an income based sliding scale for your medical needs? Every county in every state has income based medical and/or Medicaid if you qualify for it.

As far as your roomate goes - why would you be using his income for your BK anyway?

[Beeheery]

Hi Sun and Pandora- I have already applied for various aid numerous times. I do not qualify because I am over 19, or because I am not pregnant, or because I don't have dependents or because I have not been diagnosed as being disabled. I recently spoke with a social worker who tried to get me on their BlueStar medical "insurance" for low-income individuals but I did not qualify for that either. Marriage is a drastic and last resort for me. I have tried to get anything I can but unfortunately, I keep falling in between the cracks.

[Beeheery]

Pan-because I do not have my own income (aside from small sales on ebay), numerous lawyers have told me I have to include my roommates income as MY income because he doesn't charge me for rent etc and that is considered income. I live at his place rent free. The whole thing is a giant confusing mess really.

[Pandora]

Pan-because I do not have my own income (aside from small sales on ebay), numerous lawyers have told me I have to include my roommates income as MY income because he doesn't charge me for rent etc and that is considered income. I live at his place rent free. The whole thing is a giant confusing mess really.

Does your roommate claim you on his taxes as a dependent? If not, you cant claim his income - you would claim yourself; your roommate is basically gifting you monies.

or at least thats how I am interpreting it.

[Pandora]

Hi Sun and Pandora- I have already applied for various aid numerous times. I do not qualify because I am over 19, or because I am not pregnant, or because I don't have dependents or because I have not been diagnosed as being disabled. I recently spoke with a social worker who tried to get me on their BlueStar medical "insurance" for low-income individuals but I did not qualify for that either. Marriage is a drastic and last resort for me. I have tried to get anything I can but unfortunately, I keep falling in between the cracks.

Beeheery - what state are you in again? There are programs out there where you do not have to be a minor, pregnant, married, disabled or have dependants to qualify for healthcare in your county/state.

Here is a link you can start with: http://findahealthcenter.hrsa.gov/Se...CC_byAddr.aspx

[dumpinmydebt]

If you have no income, you would certainly qualify for sliding scale fees. I qualify for sliding scale fees and I make money, not much, but more than nothing.

If you have a large medical emergency, you would qualify for indigent care. There is a large hospital by me that offers indigent care. People get all of their care for free (life or death kind of care.) If you make no money, they aren't going to ask you to pay for the bill. They would write it off. They receive money from the city and state to do this service. Check in your area to see if anything like that is offered.

I can understand why you are considering the marriage thing, though getting married just for insurance is considered fraud.

My wife and I eloped so that I would qualify for financial aid for school. Course we had been engaged for years, so it wasn't a big deal. We just had to postpone having an actual ceremony.

My wife and I have no insurance. But I know if a life or death emergency came up, I wouldn't have to worry about the bill do to not making much money.

[Beeheery]

Hi Pandora and Dumpindebt, sorry for the delay in writing back-I lost internet. No, he doesn't claim me as a dependent on his taxes. Never has. I live in South FL. The Bluestar program I was told was for indigent care (paid by taxes) but they said I had to pay $74.95 just to set up a "certification appointment" but I was disqualified over the phone before I even could go there. They said because I live with someone that makes so much money, that I don't qualify. They said if I don't qualify for foodstamps (which I don't, but also don't need/want) than I automatically don't qualify for that program. They asked how I get by and I told them that I make a small amount of $ each month on ebay and that everything else is covered by my roommate. They wanted 1 month paystub for his work but when I told them how much he makes, they said it was too much and to not even bother. I don't have enough money for COBRA, but since it hasn't been more than 2 months w/o coverage, I was under the impression that it is not considered a lapse in coverage until day 61 passes. Anyone happen to know if this is true or not? I'm going to check out that link now Pandora. Thank you all.

[JackBondLove]

I am not quite so sure this would be considered fraud. Who is to say what a valid marriage is? These two folks are cohabitating, so in the eyes of some, they are already married in a common law way.

A person can marry someone else for whatever reason the come up with. If a person cares enough about the other person to go through the legal process to marry, with all the legal entanglements that are entailed, then it seems like a bonafide marriage to me. Is he getting any monetary compensation? If no, then he reason must be related to his personal feelings to her. Who is to say the exact type of those personal feelings that are considered legitimate?

You mentioned that you would divorce him as soon as you got health insurance. How is that different from a gold digger who would divorce her husband as soon as she was able to snag a bigger and better deal?

All you have to say is that at this point in your life, that marriage to him is in your best interest, and that you don't know how you will fell in the future, and that quite frankly, it is nobody's business except for you and him how your relationship is structured. Period. End of story.

[Beeheery]

Thank you Jack. I hope you don't think I am the equivalent of a gold digger though lol. It's sad that in this country that people like me end up doing crazy stuff like this in order to gt basic health care but at this point, I gotta do what I have to do. I'm just thankful that he is willing to do this for me so that I am covered and able to get back on my feet. I am just afraid of stating on my BK paperwork that he is not my boyfriend (which he isn't), but then getting married so soon after filing and then divorcing. I don't know, it just sounds shady to me I guess. Oh, and no, he doesn't get any monetary compensation from me @ all. He doesn't give me money either-just lets me stay there rent free. I still feel like weird or like a criminal or something for even THINKING about doing this, but I really have exhausted all my options and I don't know what else to do. Thank god for you awesome people on here-you keep me sane when half the time I just want to jump off my roof lol.

[UpaCreekinCA]

It isn't BK fraud but is insurance fraud possibly. He is marrying you so you can get health insurance coverage for a surgery, nothing more. The BK could bring down his credit unless you wait until after the discharge. I am not a lawyer but they shouldn't be able to attach his income to yours to file BK. You are merely living with a friend until you can get back on your feet. I would talk to an attorney for clarification.

[backtoschool]

It isn't BK fraud but is insurance fraud possibly. He is marrying you so you can get health insurance coverage for a surgery, nothing more. The BK could bring down his credit unless you wait until after the discharge. I am not a lawyer but they shouldn't be able to attach his income to yours to file BK. You are merely living with a friend until you can get back on your feet. I would talk to an attorney for clarification.

This is not correct. Please review this thread that the OP commented in.

http://www.bkforum.com/showthread.php?t=61118

[backtoschool]

I first want to thank everyone who has been helping with my NUMEROUS questions regarding my roommate situation and every other question I have posted here over the past 3 years. To make a VERY LONG story short, I was under the assumption my roommate made 100K a year. He doesn't-he makes 70K but WILL be making 100K come January 1, 2011. So...to avoid anymore hassle/confusion/stress on my end, I am going to file this year before his income shoots up another 30K. OK...now here is what I am wanting to do but don't know if it would be considered fraud or if I would get in trouble for it. I currently am uninsured. I lost my student health insurance since I am no longer in school and I cannot afford private insurance since I am unemployed and make next to nothing. My biggest fear after filing is being uninsured and then getting sick/hospitalized and end up with thousands and thousands of dollars in medical bills. Soo.....I was talking with my roommate and he said that he would go to the courthouse with me and we would get a marriage license AFTER I filed so that I could have insurance under him (he has EXCELLENT benefits). He then said though that we would divorce once I got my own health insurance. So, would it be fraud to file BK under "single", then get married right after filing so that I am covered? Also, would a trustee know/object to me getting married/divorced in a short amount of time? I am not proud that I would have to do this and it is frankly EXTREMELY embarassing but I don't know what else to do. I would be eligible to have my NEEDED surgery covered under his insurance and then after that is done, I will (hopefully) be healthy enough to get a job again and become financially independent. Sorry for the long post but you guys have been so helpful that I figured someone might know or have any advice regarding this. Thanks so much!

Getting married is not fraud. You have a right to get married whenever you want, for whatever reason you want.

[dumpinmydebt]

Does your roommate's insurance offer coverage for domestic partners?

Also, you might want to check, but sometimes when you add people on health coverage there may be a waiting period before you can get anything major done. It just depends on how the coverage was set up by the employer.

I suggest you get a pre-nup as well.

I wouldn't suggest marrying and filing for divorce very quickly either. At least in my state, you have to stay married for either 6 months or maybe even a year. If you try to divorce earlier, they force you into marriage counseling. Divorces cost money too, so keep that in mind.

It wouldn't matter whether you got married before or after filing. They are already counting his income, so it's not going to make a difference.