Can you remove your childfrom your insurance planafter they turn 19, ifyour decree states thatyou must only insure them until age18 or until they graduate?

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Can you remove your childfrom your insurance planafter they turn 19, ifyour decree states thatyou must only insure them until age18 or until they graduate?

The ex is threatening to call husband’s employers with lies about child’s illness etc. and spreading the word that my husband is a horrible father, etc. on the internet. She is sending nasty emails also. What can we do? Can she sue?

Asked on July 18, 2011 under Family Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In terms of insurance, a child can indeed be taken off of the insurance if the divorce decree indicates the child can be taken off once he or she reaches the age of majority. I believe at that point the child (now an adult) is given the choice to get COBRA. As to spreading lies, a few issues arise. First, if the lies concern any release of medical records or information about the child's medical history (lie or not), the child now has an action against the person invading his or her privacy and disseminating that information. As to the horrible father part, email or otherwise, your husband can sue for defamation of character without having to prove actual damage to his reputation based on the content of those emails; otherwise, he would have to prove damage to his reputation.


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