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OK maybe I'm not being clear.

Problem is solved. We are getting our health insurance restored because her lie was discovered and reported. There is nothing else I need to do at this point that I haven't already done. If someone finds themselves in a similar situation as mine the remedy is calling the Dept of Labor, who will investigate and resolve. I don't need to do anything now with getting coverage until the divorce is final or other IRS defined qualifying event happens.

@MixedBag

There was NEVER a qualifying event in the first place. So no, I couldn't get on my employers plan without lying that there was one. That is called fraud and I had no intention of doing that in order to get covered.

Just wanted to do a quick update on this for anyone who finds themself in a similar situation...

Definitely call the Dept of Labor and report this fraud ASAP. Once the investigation begins and the qualifying event is determined to be a lie you will get health coverage back for your child and anyone else dropped from the plan.

I don't know if her employer will do anything more than reinstate and I honestly don't care, I just want my son to be covered until I can legally get him on another plan due to a legitimate qualifying event.

Hope this helps someone

It depends on what state you're in.  Some states allow it from "date of separation" which would be stated in the in the Consent Orders for the separation.

We are not "legally" seperated at this point and the preliminary injunction for my petition for disolution of marriage specifically states that she cannot cancel health insurance for my son and I. The only way she could drop us was by lying to her employer that there was a court ordered divorced or legal seperation. Neither of these things have happened so who knows how this is going to shake out???

My son not being covered by health ins. is not OK. That is just plain mean spirited and hopefully it gets rectified until we can sort the rest of the details out.

Ok so I talked with my HR rep today and asked how they would handle a situation like this if one of our employees did something like this. They instructed me this was not legal to cancel a plan outside of the open enrollment period without a qualifying event per the IRS under Section 125.

www.irs.gov/Government-Entities/Federal,-State-&-Local-Governments/FAQs-for-government-entities-regarding-Cafeteria-Plans

I went ahead and contacted her HR department and advised them this was illegal and gave them my contact number. Next I contacted the State Insurance Commision, who told me this was not their area and was redirected to the Department of Labor Employee Benefits Security Administration. They took down all the details of my complaint and contact information for STBX Company and HR department. I was assured an investigation would be under way promptly and they would get back to me next week.

http://www.dol.gov/ebsa

Will report back what happens...

I was researching what to do about this last night. Sucks.

Canceling your insurance apperantly is not a qualifying event so that creates a problem in obtaining new insurance from my employer. I have no proof either that coverage was canceled.

I left message for my attorney but also going to call the states insurance commission and call the plan provider to advise this was illegal and they need to reinstate retroactively. Will let you know how that goes...

So what to do if you just found out that the STBX cancelled insurance for you and your child from a previous marriage before the divorce is final?

This may have actually happened before STBX was served, but was also not during the open enrollment period of her employer so it would not be legal or qualifying event per what I have read. Worst part is the STBX didn't even bother to advise me of the fact that she was did this so I found out after the Dr appt. Now we have no insurance and no qualifying event to get covered since it happened over a month ago.

Just gets better and better with this woman...

Lol, ok well the threads should make more sense now.

Thank you,

I have been reading as much as possible to prepare for my upcoming custody battle. Problem is some threads contain acronyms that I cannot figure out.

So what does DH stand for anyway?

I have figured most of them out like these below but some just elude me

CS-Child Support
DV-Domestic Violence
NJ-Nut Job
RO-Restraining Order
TO-Temporary Orders

I have to be careful with the things I ask for or I may be ordered to pay her attys fees. AZ Law gives a lot of lattitude for the judge to award this so if they think I am being unreasonable they are required to fine and/or award legal costs. That would not be good. My lawyer has been really understanding and also seems to listen to what I am saying so I believe he is on board with protecting me from that. I will run these scenarios and suggestions by him to see what he thinks is possible.

I am just trying to stay focused on the baby and putting myself in the best possible position to help raise him or her. If I can't combine the two issues I guess I will just have to adjust my plan as it happens. I have a list of state sponsored parenting classes and co-parenting classes I am going to take this summer. CPR and first aid are also on the agenda.

Since I have been accused of being alcoholic, and therefore unfit parent, by mother #2 I decided it best to not drink at all during this ordeal. Hopefully this prevents any misunderstandings about who I am and what is important to me. Thinking about enrolling in a drug and alcohol testing center at the local blood lab so I can give samples daily and have verifiable record that I am not an alcoholic. Not sure how much that would cost but I don't know how else I can rebut an accusations like that?

I lose a lot of sleep over this. This message board, my son, counseling sessions, and running are the only things that seem to help me cope everyday so I do appreciate it more than you know.