My ex has maintained health insurance on my daughter as court ordered for 7 yrs- he sent me a letter yesterday August 30 saying “ as of June 30 Cobra coverage ran out for dental and vision”.
My daughter will turn 18 in 2 months so I had scheduled her to have her dental work and eye glasses (she was eligible to receive 1 free pair per year) done before her 18th birthday- now she has no coverage.
Was her dad not obligated to let me know in advance if the coverage was going to end? I would have gladly scheduled her dental and eye exams to be done before the June 30 deadline had I known. Her doctor had even recommended removal of her wisdom teeth which is very expensive- in the thousands is there anything I can say or do about this?
You may file an action to have him held in contempt of the Order.
Due to the fact that COBRA ran out if I file for contempt I believe the Judge will dismiss because ending the insurance was not “willful and purposeful”
I am thinking although he did not purposely end insurance he still did have an obligation to let me 3 months before insurance ended so I could have scheduled appointments or he should have picked up another insurance policy for my daughter for her last 6 months of CS.
I was reading statue 50-13.11 (e) which states IF THE PARTY WHO IS REQUIRED TO PROVIDE HEALTH INSURANCE FAILS TO MAINTIAN COVERAGE…THE PARTY SALL BE LIABLE FOR ANY HEALTH, HOSPITAL OR DENTAL EXPENSES INCURRED…
How do I enforce that other than using a contempt form?
If the Order required him to maintain insurance he should still be doing so, unless it specifically stated that he was only to maintain coverage until COBRA ran out, which is why I recommended you file for contempt.