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,