What to do if the non-custodial parent is required under dicorce decree to maintain insurance on children but is not doing so?

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What to do if the non-custodial parent is required under dicorce decree to maintain insurance on children but is not doing so?

He lost his job and for three weeks now, children have not been covered. Custodial parent was also not made aware of insurance loss. Cobra insurance was offered and he refused. What are my legal rights as the custodial parent to hold him accountable for our son’s insurance coverage?

Asked on April 10, 2013 under Family Law, Indiana

Answers:

Gregory Buckley / Gregory T. Buckley, Attorney at Law

Answered 8 years ago | Contributor

It depends to a degree on what the actual language of the Final Judgment was with respect to the insurance requirement.  If the language says he is responsible for the insurance as long as it is "reasonably available," then the fact that he has lost his job may mean that the cost is no longer reasonable and the court would not require him to pay for the COBRA coverage.  However, he should have definitely made you aware of the situation so that you would be able to take steps to correct the situation. 


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