What can I do if my ex-husband canceled the insurance on our 2 daughters?

I was divorced about 1 1/2 years ago’; he canceled the insurance on our daughters about 6 months ago. They are 21 and 19 and are both full-time college students in good standing. He is still working as an electrician, as he was when we divorced. I have been writing letters to employers and the Insurance companies requesting that the insurance be reinstated. We have not received any response. As we have tried to attain other insurance through badger care and the Marketplace we were informed by all told by all representatives that it was illegal for him to have canceled the insurance. Although the protective order has expired, my daughters nor I feel comfortable contacting their father about the matter.

Asked on June 4, 2014 under Family Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am assuming that he was to maintain insurance while they are full time students pursuant to your divorce and settlement agreement, correct?  This agreement should have "survived" divorce, meaning that it remains in effect and that the court retained the ability to make decisions based upon it.  In New York the Family Court would retain that right and a person would go to family court and ask a Judge to enforce the agreement. If he refuses you may need a lawyer.  Good luck.


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