Questions and Professional Answers

• employers and health insurance

  By law if you cannot afford health insurance increases and you find health insurance independently can the company you work for be forced to pay a percentage of your independent health insurance just as they did when you picked up a policy through them?

  • Re: employers and health insurance

    In most cases, if you choose not to participate in an employer sponsored health insurance plan, you have no claim on the money your employer would have spent on your insurance had you participated.

    Kelly Henderson
    Kelly James Henderson, P.A.
    4440 PGA Blvd., Suite 504
    Palm Beach Gardens, FL 33410

• When can I cancel health insurance

  I am still in the six month waiting period. In the Settlement Agreement it states each of us will use our own employers health insurance. I am now paying for health insurance for my ex when my ex is recieving free health insurance from her employer. Do I have to wait until the end of the six months or can I remove my ex from my insurance now?

  • Re: When can I cancel health insurance

    You can remove your spouse from all accounts and insurance once you have separated and do not plan on getting back together. I have to assume you are in that frame of mind currently so you may be able to cut them out now. But you need to review your Marriage Settlement Agreement first or consult with the person, if any, who helped you put all the paper work together.

    Martin Lathrop
    Russakow, Ryan & Johnson
    225 S. Lake Ave
    Pasadena, NUS 91101

• Child's Health Insurance (Post Divorce)

  My ex-husband and I have Joint Legal Custody of our 3 yr old son. In our decree, it states that his Father is responsible for health insurance along with child support. He is not paying child support, and is also not giving me info as to my son's health insurance provider. (I do not believe he has insurance, as he is self-employed). Two questions:1. Is there an alternate way of finding out if my son has health insurance?2. Can I put him on my own health insurance (Blue Cross Blue Shield) without permission from his Father or the Courts?I am concerned, that if an emergency arises, he won't have health insurance or benefits.

  • Re: Child's Health Insurance (Post Divorce)

    first, you can certainly provide coverage, especially if you are not sure there is other coverage. IF there is, then it's just double coverage. No problem.Sounds like a good strong lawyer letter might get you the answere.Otherwise, you need to get an enforcement or contempt action going on the insurance and child support issues.Let us know if there is anything we do to assist you.RegardsRonee

    Ronee Korbin Steiner
    Ronee Korbin Steiner, P.C.
    8070 E. Morgan Trail, Suite 220
    Scottsdale, AZ 85258

• Health Insurance

  The post office lost my health insurance premium.(Or should I say, I mailed it but it was never received.) I currently have a COBRA continuation of my previous employer's health insurance. I have the duplicate check, but COBRA SERV still cancelled my health insurance. They said that they don't have anything in place that would allow them to reinstate my coverage. Is there anything I can do?

  • Re: Health Insurance

    The law of most states is that mailing is complete when deposited in the mailbox. Did you get a notice of late payment, as most insurance companies send? What happened when you got it? And did the check clear your bank? Depending on the answers, there might be something you could do.

    Steven Murray
    Steven W. Murray, APC
    14930 Ventura Blvd., Ste. 205
    Sherman Oaks, CA 91403

• Meaning of health coverage

  My divorce states that the father is responsible for all medical and health costs. What does health cover. My ex says dental is neither a medical or health expense, I disagree. Please help us understand the meaning of this coverage.

  • Re: Meaning of health coverage

    I don't know how Texas or New Mexico law classifies dental treatment, but in California dental treatment is definitely medical treatment.

    Lyle Johnson
    Lyle W. Johnson Attorney at Law
    152 N. Third Street, Suite 510
    San Jose, CA 95112

• Was let go because of Health Problems

  My mother was let go from her job today due to ''Health problems'' where starting to show. She was a manager for 9 years and was recently diagnosed with PBC. Today they decided to have a meeting to tell her that she was let go due to health problems. Supposedly there had been complaint's about her falling asleep. She was a barmaid. They where willing to let her work one day a week. Are there laws to protect her from this kind of ''letting go due to health problems''?

  • Re: Was let go because of Health Problems

    I don't really know what PBC is. Please explain.In general, one cannot be "let go" due to a handicap or disability, or a perceived handicap or disability. Employers are required to reasonably accomodate the disability. In order to fully answer, I would need to know what PBC is, and what its effects on your mother are.

    Charles A. Pascal, Jr.
    Law Office of Charles A. Pascal, Jr.
    P. O. Box 103
    Leechburg, PA 15656-0103

• Health Insurance After Remarriage

  In my divorce decree I am required to retain my ex-husband on my health insurance according to the ''laws of the State of RI''. I down loaded the law pertaining to health insurance coverage that states, ...when either spouse remarries the other must be notifyied immediately and the spouse that was once on the insurance is now off. Is this true? I want to remarry and have my new spouse on my health insurance. My ex-husband does have the opportunity to have health coverage through his employer; my coverage just happens to be better plan. Thank you.

  • Re: Health Insurance After Remarriage

    Yes, it is true that once you or your former spouse remarries, then the former spouse may be removed from the other's health coverage. The applicable statute is § 27-20.4-1, titled "Continuation of health plan coverage for former spouse."I hope this is helpful.Scott Summer

    Staff General Counsel
    LawyersCollaborative
    The Calart Tower, Suite 3A, 400 Reservoir Ave
    Providence, RI 02907-3515

• Child support payments-new health plan

  I have recently remarried and switched health coverage for myself and 2 children to my new spouses policy. Can my ex-wife have the child support modified because health is no longer being reduced from my paycheck? I am responsible to maintain health coverage for my 2 children.Thank you

  • Re: Child support payments-new health plan

    Probably not. Call me if you like.Gary Moore, EsquireHackensack, New Jerseywww.garymooreattorneyatlaw.com

    Gary Moore
    Gary Moore Attorney At Law
    31 Mercer Street P.O. Box 1280
    Hackensack, NJ 07602-1280

  • Re: Child support payments-new health plan

    If I understand you right, you are asking if you are taking home more will you have to pay more in child support? The answer is no as they go off of your gross pay. However, I would still suggest going to an attorney to look over your child support documents. You'd be shocked at how many I've seen that are wrong. My initial consultations are free so if you want me to check them out, call me at 732/247/3340.

    Jef Henninger, Esq
    Jack Venturi & Associates
    73 Paterson Street
    New Brunswick, NJ 08901

• health coverage for a spouse

  I am 78 years old. I have just been admitted to a permanent health care facility in NC to be near my daughter, as my wife is not willing to help with my medical care. My spouse is still located in Fl. She has the house, her ss and has emptied all the assest from our accounts (about $50.000.00) Am I legally responsible to pay for health care insurance for her. My health care facility is $2200 mo, my total income is only $1600 mo. My daughter has to make up the difference since I don't qualify for medicare. Since my wifes health insurance is part of my retirement benifits can I cancell her or do I legally have to keep her covered. Cancelling her health benefit will save me about $400.00 a month that could go towards my medical. I spoke with an attorny in NC, they said I needed to speak to someone who knew Fl law.

  • Re: health coverage for a spouse

    It's not a question of North Carolina nor Florida law. It's a question of whether your insurance provider will allow it. No Florida law forbids it. Ask the North Carolina lawyer if any North Carolina law forbids it. If not, and if your provider will allow it, feel free to cancel her.

    Brent Rose
    The Orsini & Rose Law Firm
    410 Ware Boulevard, Suite 401
    Tampa (and Throughout Florida), FL 33619

• Health Insurance During Divorce?

  My wife and I are seperated and I have gotten a letter that she has hired an lawyer and will file for divorce. My question is this...I have a medical condition and I am on her health insurance thru her work. My job does offer health insurance, but since it is not a big company the insurance is extremely expensive. Also, on a side note, since I am not a new employee, I would have to wait untill the end of the year during open enrollment to sign up for my insurance. Can she drop me from her health insurance?

  • Re: Health Insurance During Divorce?

    Generally in these cases your wife will continue to have to provide health insurance. Once your divorce is final absent an agreement that she must continue providing insurance she can drop you from the policy. However, if she can and does drop you due to divorce then you have the right to enroll in your employer's plan at that time. Divorce is considered a "life changing event" so you won't have to wait until your next open enrollment period.If you have any questions feel free to call me, the initial consultation is free. {John}

    John Davidson
    Law Office of John A. Davidson
    107 North Front Street Suite 117
    Harrisburg, PA 17101

  • Re: Health Insurance During Divorce?

    Also you have the right to continued coverage under your wife's policy through COBRA coverage. However, the COBRA premiums will be expensive. In any event you will have several options for health insurance coverage.

    John Jackson
    Law Office of John A. Jackson, P.C.
    535 Stinson Drive
    Charleston, SC 29407