Insurance

[Crockpot]

SO's divorce states he has to keep medical insurance for minor children through his employer.  So, what happens when he's unemployed?  He was laid off two weeks ago and his insurance coverage has ended.  

After child support is taken from his unemployment benefits he'll bring home $100 a month.  The kids need coverage but he literally doesn't have enough to cover it.  He's not willfully breaking the court order, but could he be held in contempt?  

My take on it is, the orders say 'though his employer' and he currently doesn't have one, so they can't hold him to it.  Not ideal, but reality.

[Sherry1]

of his unemployment and no insurance coverage.  See if she can get the skids covered through her job or medicaid.  I think he has an out if his order specifically states through his employer.  My DH's court order makes it mandatory for him to cover them whether he is employed or not.

[Crockpot]

BM knows about it already. She only works part time and doesn't have insurance herself.  

Thanks for the response!

[Sherry1]

nm

[mistoffolees]

Make sure to talk with the employer about COBRA. Most companies will provide insurance for some period at no cost to the employee (typically 30 days, but sometimes 90 days). After that, you have the right to pay for it at the employer's cost (although it sounds like that's not going to work here).

Also, it's important to find new coverage quickly. After going 90 days or so without coverage, you can be excluded from new employer coverage on the basis of pre-existing conditions. if you go right from one employer to another, this doesn't apply.

[Jade]

>SO's divorce states he has to keep medical insurance for
>minor children through his employer.  So, what happens when
>he's unemployed?  He was laid off two weeks ago and his
>insurance coverage has ended.  
>
>After child support is taken from his unemployment benefits
>he'll bring home $100 a month.  The kids need coverage but he
>literally doesn't have enough to cover it.  He's not willfully
>breaking the court order, but could he be held in contempt?  
>
>My take on it is, the orders say 'though his employer' and he
>currently doesn't have one, so they can't hold him to it.  Not
>ideal, but reality.


If he is court ordered to provide insurance, then he is going to need to make sure that he elects COBRA.  

Is there any way that the mother can put the kids on her insurance while he is looking for another job?

And, yes, they can hold him to it.  Legally.  

[mistoffolees]

>>SO's divorce states he has to keep medical insurance for
>>minor children through his employer.  So, what happens when
>>he's unemployed?  He was laid off two weeks ago and his
>>insurance coverage has ended.  
>>
>>After child support is taken from his unemployment benefits
>>he'll bring home $100 a month.  The kids need coverage but
>he
>>literally doesn't have enough to cover it.  He's not
>willfully
>>breaking the court order, but could he be held in contempt?
>
>>
>>My take on it is, the orders say 'though his employer' and
>he
>>currently doesn't have one, so they can't hold him to it.
>Not
>>ideal, but reality.
>
>
>If he is court ordered to provide insurance, then he is going
>to need to make sure that he elects COBRA.  
>

It may not be that simple. If the wording given in the original post is correct, it requires him to keep insurance through his employer. If he doesn't have an employer, that would seem to free him of that obligation.

It all depends on the exact wording. But it also falls under the guise of you can't squeeze blood from a stone. If he only has $100 per month after child support is taken from his unemployment, he's not going to be able to pay Cobra. For my company, it's around $700 per month.

[lucky]

My dh's cs order states that he is required to maintain insurance provided thru his employer.  We were told by the cs office that if his employer does not offer health insurance as a benefit, he is off the hook - not in those words, but if the benefit isn't there....  If they DO offer insurance as a benefit (no matter the cost to dh) he is required to provide insurance.  If he is terminated involuntarily from a job where insurance is a benefit, he is not required to provide insurance because his employer doesn't offer it... because he DOESN'T have an employer.  If he just quits, he needs to go with COBRA or get the order changed.


[em]Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip.
- Will Rogers[em]

[Jade]

>My dh's cs order states that he is required to maintain
>insurance provided thru his employer.  We were told by the cs
>office that if his employer does not offer health insurance as
>a benefit, he is off the hook - not in those words, but if the
>benefit isn't there....  If they DO offer insurance as a
>benefit (no matter the cost to dh) he is required to provide
>insurance.  If he is terminated involuntarily from a job where
>insurance is a benefit, he is not required to provide
>insurance because his employer doesn't offer it... because he
>DOESN'T have an employer.  If he just quits, he needs to go
>with COBRA or get the order changed.
>
>
>[em]Lucky
>
>Lead your life so you wouldn't be ashamed to sell the family
>parrot to the town gossip.
>- Will Rogers[em]

Uh, the employer has to provide COBRA even if they terminate the employee.  It's the law.  Just like if the employee quits, COBRA is an option.  

[lucky]

Can you be just a [em]little[/em] more condescending, please????  Has it ever crossed your mind that you are not necessarily the most intelligent and knowledgeable person on this site?????  Because your posts certainly scream that you think you are.

I am fully aware that the employer HAS to provide COBRA, duh.  

BUT, if my dh is involuntarily let go (lay off, fired, plant closes) he does NOT have to take COBRA.

If he voluntarily leaves the company to take a different job without insurance benefits (or to just not work) he DOES have to take COBRA.

It's two different things you and I are talking about.  Perhaps stopping to think (and fully read the post you're responding to) before you type would be a good start for you.  Why don't you go back to my other post and try it, ok?

[em]Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip.
- Will Rogers[em]