If a medical support order was cancelled retro so that it was never required does my company have to refund premiums they deducted from my payroll?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jun 17, 2010

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Insurance Question from Omaha, NE

Asked on 06/17/2010

If a medical support order was cancelled retro so that it was never required does my company have to refund premiums they deducted from my payroll? A medical support order was issued - the company enrolled the children & began deducting premiums. An amended order was issued, stating the cost of medical coverage & child support exceeded the maximum allowable withholdings; thus saying the insurance was never required. The company is now refusing to refund the insurance premiums that was deducted from my check & are continuing to deduct for insurance as well.

Answer given on June 17, 2010

You probably can’t do anything about the premiums that have already been paid, as they did issue a policy and covered the children for that time, but you should be able to cancel it.  Most policies are effective for every 30 days, so if you cancel it mid month, you are covered for the whole month. 


When you say "the company" is still deducting premiums… do you mean your employer or the insurance company?  If you are talking about your employer, if they haven’t received an amended copy of the order stating that insurance isn’t necessary, make sure you give them one, and you’ll probably still have to cancel it in writing yourself.  The order will only say that it isn’t required, it won’t cancel it. 


Good luck.

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