Dropping Ex Husband From Health Insurance

[queenofhearts]

NH
Need some advise please. At this time I cannot afford a lawyer, paid dearly for the divorce and still owe my attorney. Divorce was final 9/30/10. Ex husband was allowed to stay on my health insurance plan from my old job (retired) in MA. Live in NH. He pays his “share” of the family plan. Divorce decree states if he fails to pay in any one month I can cancel his insurance. He did not make his payment on 12/25 for January 2012 as per our agreement. I emailed him, back and forth. He states – check is in the mail. States he is already one month ahead. I check my records, he is not one month ahead. He twists and turns everything I tell him in his responses to me. I tell him to send me proof, he send no proof. He tells me he is having surgery and I will be responsible.

So, since the divorce decree states I can drop him if he doesn’t pay me his share (I am pretty sure I can drop him), will I be held responsible for his medical bills? Shouldn’t he be providing me proof that he paid? Or that he is one month ahead?

Thank you so much I really appreciate this.

 

[cbg]

I can't see why you'd be responsible for his medical bills. But I'm not convinced that you'll be able to drop him from your health insurance just like that.

If this insurance is through your employment (active or retiree, it matters not) you can only drop him during your plan's open enrollment period, or else if there is a qualifying event. That is Federal law. A court order giving the specifics under which you can drop him may be a qualifying event, but your employer will not take your word for it that he didn't fulfull the conditions - you WILL need proof. If I were in your employer's Benefits department (and this is what I do for a living - I'm not talking out of my hat) I'd want not only a copy of the divorce decree but some kind of written verification that the terms had been breached and he had not paid. And even then I'd run it past our Compliance officer.

When is your next open enrollment period?

 

[queenofhearts]

Thank you. I think it is in March or April. Also, what kind of proof could I have? I have copies of most of his payment checks for the last yr, not all. In his memo he writes the month the payment is for. He made two payments in February for March and April and then none in April, until his May payment was due. So his double payment date is long gone. I expected his check last week and it didn't come. I asked for proof that he did it thru billpay at his bank. He sent none. So the only "proof" I have is my word against his and him not having a cancelled check.

Thanks again for your advise.

 

[cbg]

In that case, you're really best off waiting till OE. You can make pretty much any change you want then, without having to provide any proof or justification. But if your employer's plan is under a Section 125 plan, and about 97% of employer sponsored plans are, they would HAVE to have more verification than just your word that the terms in the decree had not been met, and that verification would have to be in writing and sufficient to satisfy the IRS and the DOL.