My EX is suppose to cover the children with health ins. (which is stated in our divorce) Prior to the beginning of this year he was fulfilling this agreement . A couple of months ago I got a txt from his new wife that said as of March 1st they would no longer cover “over aged” kids under their police. I have 2 girls that live with me, ages 20 and soon 18 so I specifically asked if that meant the 18 year old but not the 20 year old. She said yes. My question: legally does he still have to cover these two children under his policy? If so until what age? The older one is in college and the younger one is in 11th grade.
There is no law that requires either parent to provide health insurance for children (minors or those who have reached the age of majority). When you say that this provision is stated in your divorce, do you mean that you have a court order on child support? If you have a court order on child support, then child support will terminate when a child reaches the age of eighteen or graduates from high school, whichever occurs last (but not past the age of twenty). The judge can’t order a parent to provide child support (or maintain an insurance policy) for a child once the child is no longer eligible for child support.
So If within the provisions of our divorce he was ordered to provide health insurance for the minor children, does that end when the children reach maturity-18 years or when child support ends? (if child is still in HS after their 18th birthday?
Again, I’m not sure what you mean when you say that child support is part of your divorce. Assuming you mean that you have a court order on child support, that child support obligation will terminate by law once the child reaches the age of 18 or graduates from high school, the later of the two. So, as long as your 18 year old is enrolled in school pursuing his high school diploma, the obligation will stand. Once the child graduates, or if the child drops out of school, the obligation will terminate.