Ex insured our son, 21, through his employer. I pd 50% of premiums. Son graduated in 3 yrs, began grad school, ex canceled ins?

Asked over 1 year ago - Oswego, IL

Ex knew son graduated. During annual enrollment ex sent docs to me proving premium cost, son's coverage & sent son 2013 ins card. Two wks ago he canceled son's health ins. No warning first. We rec'd doc from ex's employer showing son was removed as dependent, has no coverage. MSA says ex must provide all COBRA information to son once he's graduated/age 23 - but son, age 21, is too young for COBRA. Son has scholarships, grants for grad school, high GPA, plays for college hockey team, has 1 yr of eligibility left, health ins coverage is required to stay on college team. I have COBRA since divorce. Was told I can't add son as my dependent due to ex canceling son's ins. Can I request modification of MSA: Have son kept as ex's dependent for coverage through age 23 & offer to pay 100% of prems?

Attorney answers (3)

  1. Peggy Margaret Raddatz

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    Answered . You need to get in with a local divorce attorney ASAP. There may be a cutoff for when your son can be reinstated. Take your divorce judgment and any other papers like a joint parenting agreement or any orders entered by the court regarding these matters after the divorce. We cannot really answer you on here because we do not have all the facts. It sure sounds like a reasonable solution that you propose.

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  2. Judy A. Goldstein

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    Answered . You need to take your judgment for dissolution of marriage and any other relevant paperwork to an attorney to discuss this in more detail. Generally speaking, support terminates upon the acquisition of a baccalaureate degree. However recent changes in the law permit parents to maintain their children as covered insureds until the age of 26.

  3. J. Richard Kulerski

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    Answered . Get to a divorce lawyer ASAP. He or she can gather all of the necessary facts, and advise you accordingly.

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