Q: Did my obligation to pay for the kids health insurance end when their child support ended?
My twins turned 18 in Aug 2017 and their child support ended. Postsecondary educational support began 9/1/17 with a separate Order that says nothing about paying for health insurance. I recently lost my job and my health insurance ended along with it. The kids were covered under that plan. Now they're not. My ex is saying I'm obligated to pay to have the kids covered by their college's health insurance or COBRA. Am I? According to RCW 26.09.105: "(10) The parents must maintain health insurance coverage as required under this section until:
(a) Further order of the court;
(b) The child is emancipated, if there is no express language to the contrary in the order; or
(c) Health insurance is no longer available through the parents' employer or union and no conversion privileges exist to continue coverage following termination of employment."
Does that mean (a) OR (b) OR (c)? In my case, (b) would apply. Thanks very much!
A:
If you have a new order that pertains to college support, the terms/ provisions in the new order supercede the terms of an earlier order of child support . Your obligation to contribute is whatever your new order says it is.
If your prior order or other written agreement states that your obligation to contribute to health would continue on beyond the termination of your basic support obligation during post high school educational support, then there could be an argument that your current order inadvertently omitted a health care provision.
If your order has the language about contributing to medical but the box is unchecked, other party could argue that this was a mistake or inadvertence. So, without seeing both your orders, its not perfectly clear.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
