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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27881
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My daughter is turning 18 next week. I live in PA and her

Resolved Question:

My daughter is turning 18 next week. I live in PA and her father, who has chosen not to have a relationship with her since we left (almost 2 years) will not longer have to pay child support after June when she graduates. I have no health insurance available to me, and under the current regulations, she must be covered by a parent until 24 (26, something like that) if she does not have her own coverage available. As I have no insurance available and make $14k a year to his $140k, will he be required to continue to pay her health insurance? Also, the plan has a $5600 deductible, so really all normal expenses are "out of pocket"...will he have to continue to hellp pay those out of pocket expenses, or since she is off child support will I know have to find a way to pay them since he refuses to help? I am in York county PA
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good morning,

I'm sorry to hear of your confusion.

Was there a clause in your divorce agreement requiring the father to provide health coverage beyond the time that support was obligated?

I am trying to understand where you are getting the idea that: "under the current regulations, she must be covered by a parent until 24 (26, something like that)"

Doug
Customer: replied 2 years ago.
Under the Obama plan, it is my understanding that a parent cannot drop a child at 18. The divorce is not final and I cannot afford to cover my daughter.
Expert:  LawTalk replied 2 years ago.
Good morning,

I'm afraid that your attorney simply does not want to give you the bad news---instead leaving it to someone like me to be the bearer of bad news. That is unfortunate, as the law really is quite clear, and if your attorney routinely does divorce law in PA, he/she would certainly know this.

I'm afraid that you misunderstand the law. The Obama plan, while it mandates that an insurer agree to insure a child of an insured until age 26---that is ONLY if the insured parent chooses to continue the coverage. A parent may choose to drop a child from their health policy as soon as the child is emancipated---or in the case of child support/medical insurance requirements of the state of PA, the parent may terminate health coverage at the same time that support is terminated---age 18 or upon the graduation from high school.

The continued health care coverage for your daughter will have to be agreed to by her father. The court will typically not order a parent to provide continued health coverage beyond age 18 or the termination of high school unless the child is either physically or mentally disabled.

You may enter into an agreement with your husband, as part of the Marital Settlement Agreement, which would require him to maintain health coverage for your daughter beyond her emancipation. But, if he will not agree to it, it is not something that the court would have the ability to order---I'm sorry.

I wish you the best in 2012.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27881
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 3 other Family Law Specialists are ready to help you

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