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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28320
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Ex-husband to pay $300 toward insurance on ex-wife for two

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Ex-husband to pay $300 toward insurance on ex-wife for two years. Company will not keep her on his policy but will COBRA her for $370 a month. He said he would do that if we would reimburse him the $70. We agreed. Found out last Thursday when we picked up ex-wife's meds for chronic pain management that he did not do that and she is currently uninsured. Have filed motion with court. The Sheriff is delivering the motion. Want to make sure Court holds him accountable and that he reimburses expenses accrued during time ex-wife is uncovered as well as follows thru with putting her on COBRA.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Was the $300 court ordered? Moreover, is the ex-wife uninsurable at this time? Have you obtained quotes for a new health insurance policy for her, with the same coverage as what she would have had?
Customer: replied 4 years ago.

Yes, the $300 was court ordered. The ex-husband agreed to it in the divorce decree. The ex-wife has serious pre-existing conditions so getting those covered will be very difficult ... that was the reason she needed to stay covered. (If the court supports our position, can coverage be retroactive to when it should have gone into place had the ex-husband followed thru as he should?) We have explored new policies but none offer the same coverage. Since the ex-wife is totally dependent on her Mother and Aunt for support, home, food, we are also exploring Medicaid.

Thank you for the additional information. If he has failed to pay as ordered by the court, he can be held in contempt. He is going to have to appear if she filed the motion to hold him in contempt and explain to the Judge why he felt the need to not comply with the court order. The Judge can certainly order that he pay her back for an expenses incurred during the time she was not covered and up to the time, in which he elects Cobra for her, through his job. My main concern is if he declined Cobra and now he can not get her back on, what action the Judge will take, since he may require he pay out of pocket for her medical expenses, as a result of his deliberate actions. In January, when the health care reform goes through and she can not be declined for a pre-existing, he may have to pay more then $300 to get her on a policy, for the two years which he was ordered to pay. I would be prepared and gather evidence, to show that he agreed to Cobra, instead of just giving her the $300 and letting her obtain her own policy, since he may deny that agreement if it was not in writing.

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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!