Does federal law override a divorce decree as it relates to dependent healthcare insurance?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does federal law override a divorce decree as it relates to dependent healthcare insurance?
My divorce decree from 8 years ago states that my ex-husband will carry our daughter on his insurance until age 23, as long as she’s a full time student. This was written in accordance with the Federal law at that time. The new healthcare reform states that a child can be carried on parental insurance until age 26, whether or not a full time student. Does the new federal law override the divorce decree or will that decree stand?
Asked on April 11, 2012 under Family Law, Michigan
Answers:
Alan Pransky / Law Office of Alan J Pransky
Answered 12 years ago | Contributor
It does and it doesn't. You can't force your ex-husband to provide insurance. However, if he chooses to cover your daughter, then the insurance company must cover her. Your daughter should discuss this with her father.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.