North Tonawanda, NY asked in Child Support, Family Law and Health Care Law for New York

Q: I need a question answered regarding health insurance coverage for my child after a divorce

My daughter is 21yrs old and is on her stepmother’s health insurance plan (Independent Health). It was a stipulation in child support papers that her father be responsible for her health care coverage. Obviously, her child support ended when she turned 21yrs old and now her father and stepmother are getting divorced. I cannot afford to make my single plan into a family plan. I make approximately $30,000/yr. He makes $100,000/yr, but is refusing to put her on his insurance because of the amount of child support he will now have to pay for his other 4 children. He is also stating that our child support agreement was only valid until her child support ended, not until she aged out of being able to be on a parents insurance if a student. My question is, since she has been on the stepmother’s insurance all this time already, can’t she still cover her after the divorce?

1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Garden City, NY
  • Licensed in New York

A: Unfortunately, the answer is no to your question. Since your daughter will not be a member of the stepmother's household she cannot be covered.

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