Child support from parent in non compliance w/ order

I am a divorced parent who received a child support order in 2011 which stipulated that my ex provide health insurance. The order states that if ordered parent fails to provide coverage that he will be liable for any medical expenses incurred from the date of the order that would have been covered if it had been in force.“The coverage should continue until the child is 18 and graduates or fails to make satisfactory academic progress and turns 20.” The youngest child covered in the agreement will turn 20 in a week and is successfully enrolled in college. Both children covered have aged out of monetary support. Is he still liable for the coverage that was never provided/enforced? Must I legally pursue this before the youngest turns 20 in a week?

It sounds like from your order that the father was only responsible for having health insurance on the children until they were 18 and graduated from high school. This is the standard termination date. If this is the case with your order, then any medical expenses incurred between the time that health insurance on the minor children lapsed until they turned 18 and graduated from high school the father should have paid. If he has not, you would have 10 years to attempt to enforce the court order.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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