Insurance

[jilly]

I agree with PP's...if the order says "through his employer" and he's no longer employed there's not much they can do other than tell him to provide insurance coverage once he's employed again.

I agree the BM should get the kids on Medicaid so they are covered. BUT, if she does that, your SO may end up having to repay Medicaid.  I'm not too sure about that but it would bear looking in to.

OT: Has you SO filed for a modification of CS?  His unemployment constitutes a change in circumstances and he can get it lowered based on the amount of his unemployment benefits.  This happened to my DH and he was able to get his CS modified.

[Jade]

>I agree with PP's...if the order says "through his employer"
>and he's no longer employed there's not much they can do other
>than tell him to provide insurance coverage once he's employed
>again.
>
>I agree the BM should get the kids on Medicaid so they are
>covered. BUT, if she does that, your SO may end up having to
>repay Medicaid.  I'm not too sure about that but it would bear
>looking in to.
>
>OT: Has you SO filed for a modification of CS?  His
>unemployment constitutes a change in circumstances and he can
>get it lowered based on the amount of his unemployment
>benefits.  This happened to my DH and he was able to get his
>CS modified.

That depends on the state.  In my state, it wouldn't be lowered.  What would be lowered is what is taken from the unemployment check (which they can only garnish up to 60% for a single person and 50% for a married person, anyway), the rest would be accrued and paid when he is employed again.  

[Jade]

>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]

Why don't you talk to a lawyer?  Because my divorce decree is worded the way yours is, except I am the one who provides the insurance through my employer.  And my attorney, who has been in family law for 2o years, that I am legally bound to provide insurance, even if I am terminated.  

The courts don't care that I am unemployed.  They care that the kids are covered.  And they don't care about the reason.  If COBRA is offered, I have to take it.  And COBRA is the law.  

[lucky]

The CO that dh has was completed thru the CS office and the CS officer told us that.  And she told the child's mother that and that was the end of it.  You live somewhere else and it's different.  Go figure....

Besides, I didn't give the wording of the CO, I just gave the "spirit" of the CO shall we say.  How DO you know yours is worded the same?

I didn't tell anyone not to consult an attorney, I just put our experience out there as an example of what can happen.  Why is it you can't figure that out?

[em]Lucky

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

[Crockpot]

CS office told SO that since he's unemployed he is not responsible for the insurance.  CORBA is offered but it's over $1000 a month.  He considered requesting a reduction in CS since he's not working, but we're hoping he'll find something soon.  We're concerned about his kids.  BM only works part time and totally relies on CS to pay rent etc.  SO is looking into the Medicaid option.  I can support us for a while.

Thanks!

[wysiwyg]

"I just gave the "spirit" of the CO shall we say"

Please be careful with  this type of statement, if I might offer my 2 cents as we have been tied up in the court system for 15 years, and had our own go rounds wiht interpretations.......the spirit of a court order is different than the wording and it will be the exact wording that is held up in a court hearing.  Remember, the main concern here is the children and it would be to your benefit to try and make arrangements for the children to be covered and I would also consider some way to get a court order or notify the court to cover your butt in the event the mother tries to find a way to hold you in contempt.  I know COBRA is incredibly expensive and barely affordable, but if you are ordered to cover the child - consider short term medical policy to cover the child, you can get one for a few months that will cover catastrophic events only.  

I hope this helps.

[lucky]

AGAIN!!!

I just offered OUR experience as an EXAMPLE of what could happen!!!!!


Your quote from my post was a statement (that you took OUT OF CONTEXT) that I made in response to Jade saying her CO was worded like dh's is - something that SHE can't truthfully say since I DIDN'T give the exact wording of dh's CO.

Come on!!!  We all give examples of our experiences every day!  So why is mine an issue?  It is what it is.  It may not be what anyone else has experienced, but WE DID.  So it IS a possibility.


[em]Lucky

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

[mistoffolees]

That's incredibly misleading.

While the employer has to provide COBRA, it's not going to be very helpful in this case. Typically, you get 30 days of free coverage (which has already elapsed in this case, IIRC).

I'm also not sure that the employer has to offer it if the employee quits voluntarily - I'd have to check.

Past the 30 day period, the company has to offer it to you, but you're required to pay the full cost plus admin costs. In the case of my company, that's around $700 or 800 per month. Since this person is only making $100 per month after paying cs, it's going to be tough to do that.

Depending on the wording of the agreement, he may or may not be forced to do so, but what good does it do to try to force something that he clearly can't afford?

[mistoffolees]

>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., ok?

Well said.

[KAT]

An alternative is catastrophic health insurance aka high deduct, major medical. The deductibles are HUGE but when you consider that if something tragic happens you'd only be out of pocket say 5k instead of several hundred grand, at least that's something. My 23 year old has one, 5k deduct, pays to 1m, the cost 19.00 per month.

Just a thought I leave it with you.

KAT