What to do if my ex-husband was court ordered to carry insurance for my 3 sons but has dropped coverage on the oldest?

My oldest is now a full-time student in college. My ex got angry with me and dropped my oldest from his insurance. With all the new health care laws, is he obligated to carry the insurance since my son is a full-time student? He received Cobra info in the mail, and the reason for dropping coverage says “loss of dependent”.

Asked on October 19, 2013 under Family Law, Wisconsin

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 7 years ago | Contributor

The answer to your question will be contained in the provisions of your divorce decree, judgment, and any marital settlement agreement attached and incorporated into the judgment. Many decrees state thate the obligations terminate upon the child's emanicipation, i.ie. obtaining the age of majority, 18 years of age.  Others may have a requirement which continues while the dependent is enrolled full time in a post-secondary educational facility.  The decree, not federal health legislation, dictates.

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

You need to consult your family law attorney who handled the divorce.  If your ex-husband is still required under the court order to cover your son, then you need to go back to court to get that order enforced.  But this depends on what the court order says, not on what the Affordable Care Act says.


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