Divorce was final in 2022. I have full custody and an 8-year restraining order on the father. He was supposed to keep the kids on his employer’s health insurance, but last week I found out at the pharmacy that the coverage was canceled.
I called his job, and they said he switched to a different policy and took me and the kids off. I didn’t get any notice.
How do I check if the court ordered him to keep the insurance? What can I do to make him follow the order? If he refuses, can I pay directly through his employer?
His wages are garnished through child support services. I’ve been a stay-at-home parent for 13 years and don’t have a job with health benefits.
Edit: The divorce paperwork is unclear about insurance. It says he should keep employer insurance but also says both parents split costs 50/50.
This forum is not a substitute for legal advice. If this is an emergency, call 911. If you have an insurance-related question, check your plan details first. Be sure to include your state and income if asking about health coverage options. If your question is about choosing a plan, check past discussions. No soliciting allowed.
If your ex was ordered to keep insurance for the kids, this is a legal issue. You need to talk to your attorney immediately. He’s violating the agreement, and your lawyer can tell you the next steps.
Juno said:
If your ex was ordered to keep insurance for the kids, this is a legal issue. You need to talk to your attorney immediately. He’s violating the agreement, and your lawyer can tell you the next steps.
This is more of a legal issue than an insurance one. If the court ordered him to keep coverage and he didn’t, you’ll have to go back to court. If there was no order, you’d need a new one to make him add them back. Your lawyer will know what to do.
Juno said:
If your ex was ordered to keep insurance for the kids, this is a legal issue. You need to talk to your attorney immediately. He’s violating the agreement, and your lawyer can tell you the next steps.
Yeah, looks like I need my attorney for this. Appreciate the advice!
Check the court order. If he was required to keep employer insurance, it should say so. Some agreements make exceptions if it’s too expensive. If it says 50/50, that likely applies to out-of-pocket costs, not premiums. If you had a lawyer during the divorce, ask them to clarify. If not, some state offices or child support services might help.
@Wei
If the court order says he has to keep employer insurance, then he can’t just drop them. He should have told you and let you make other arrangements first. He might be in contempt for removing them without warning.
Just a heads up—your ex probably can’t keep you on his insurance anymore, even if he wanted to. Most employer plans don’t allow ex-spouses unless a court order specifically says otherwise. You’ll need a different plan for yourself.
Bao said:
You need to check your divorce decree. If it says he has to keep insurance for the kids, he’s violating the order.
Based on your edit, you’ll likely need to file in court. The fact that he had employer insurance and then dropped them without telling you could be a problem for him.
Can you add them to your own insurance? If you don’t have an employer plan, he might have to cover the full cost until you figure something out. Either way, this is something you need to bring up in court.
This kind of thing happens a lot. If the agreement says he has to keep insurance, he’s breaking the rules. Courts don’t usually act fast, though, so in the meantime, you’ll need to figure out what to do for coverage. Medicaid or a marketplace plan might be an option.
Check your divorce papers. My agreement had a separate document about the kids’ insurance. If you have a lawyer, call them. If not, the courthouse might have someone who can explain your next steps. Hope you get this sorted soon.