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.
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