Health Insurance After Divorce, No Warning

My ex agreed to keep health insurance on our 2 kids (aged 11 twins) because it was cheap through his job. He’d had insurance on the kids through this job since birth, He signed a separation agreement. He has asked his job to move him to three days a week making him part time, so he is no longer eligible for benefits. He drives for a ride share platform on his days off from his regular job but it does not offer benefits. I am remarried and my husband and I are unemployed (by choice). We are financially stable. The ex pays $200 per pay period in child support (not court ordered) but the health insurance is going to cost us around $1200 per month and it was only costing him about $350 per month through his job. Can we go to court to make him pay the heath insurance he agreed to pay, and, will they consider my (and my husbands) financial situation when determining what/If he should pay.

If your separation agreement states that your ex-husband is to provide health insurance for the children and he is not, then he is in breach of the separation agreement. You can file a breach of contract lawsuit against him to have the separation agreement enforced.

You can also file a child support action against your ex-husband. A child support action would recalculate the monthly child support obligation and would “redo” the child support terms. When determining child support and medical insurance provisions, only your financial situation and your ex-husband’s financial situation will be looked at and considered. The financial situation of new spouses (i.e. stepparents) are not considered because they are not the biological or adoptive parents of the children at issue.

Anna Ayscue

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

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