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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7063
Experience:  Experienced Family Law Attorney
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Am I able to remove my ex spouse from court order medical

Customer Question

am I able to remove my ex spouse from court order medical insurance now that he is on disability? doesn't Obama Care come into play? also, he is going to be 63 years old in Sept. When does he go on Social Security? How long to I have to cover him? I have been divorced since 2004. He is not paying his out of pocket medical costs and I am left responsible because I am the subscriber.
Submitted: 3 months ago.
Category: Family Law
Expert:  LegalGems replied 3 months ago.

If there is a court order stating that one must keep the ex on medical insurance, then one must comply with that court order until that order is terminated or modified.

If the individual qualifies for lower cost medical care (and that may be the case, depending on income, with Obamacare) that would be something the court would take into consideration; if there is a comparable plan available at lower cost, the court would likely terminate the order, but may require the supporting spouse to pay for the insurance.

If an individual is on disability they would be receiving disability from social security, assuming they qualify. That information is here:

A person that is on SSDI (disability) can still qualify for SSI if their income/assets are low enough.

That information is here:

But it is important to seek a modification as one's circumstances justify, for the court only has jurisdiction to enter any orders effective to the date the request for modification was filed/served (many people do not know this and mistakenly think the court can order it retroactive to the date the changing event occurred)

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 3 months ago.

Checking in on the above; Thank you for Using Just Answer!

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