Q: Can my ex-husband demand continued payment for medical coverage for our adult children?
I want an attorney to confirm the following language regarding the medical coverage costs for my adult children. My divorce papers in 2014 stated the following: "Husband and Wife agree that the wife shall continue to provide the health insurance coverage for their minor children for as long as the same is available to her at little or no cost, and the parties further agree that husband shall pay all co-pays uninsured or uncovered medical, dental, hospitalization, prescription drug, optometric and orthodontic expenses incurred on behalf of their minor children not to exceed $2400 per year." After the divorce, we agreed to put our kids on my ex-husband's insurance due to costs, I would cover the monthly costs, and since then have been paying up until January 2024 since they are no longer minors. Today, he and his wife are demanding I continue to make monthly payments.
A:
Based on the language you provided from your divorce papers, it appears that the agreement regarding health insurance coverage and medical expenses was specifically for your minor children. In California, child support and the obligation to provide health insurance coverage generally end when a child reaches the age of 18, or 19 if they are still in high school, unless otherwise agreed upon by the parents or ordered by the court.
Given that your children are now adults and no longer minors, your ex-husband likely cannot demand that you continue paying for their medical coverage based on the original divorce agreement. However, there are a few important points to consider:
1. If there are any subsequent agreements or court orders modifying the original divorce agreement, those terms would supersede the original agreement.
2. If your adult children have any disabilities that prevent them from becoming self-supporting, the court may order continued support and medical coverage.
3. If you and your ex-husband agreed to extend the medical coverage payments beyond your children's age of majority, and you have documentation of this agreement, you may be obligated to continue the payments.
It is advisable to consult with a family law attorney in California who can review your specific case, including the full divorce agreement and any subsequent modifications, to provide you with a more definitive answer based on your unique circumstances. An attorney can also help you communicate with your ex-husband and his wife regarding your legal obligations and, if necessary, represent you in court.
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