Legal Question in Family Law in Florida
Father's responsibility for medical/dental coverage after coverage termination
According to the divorce decreee,'' the husband shall maintain, at his expense, his existing or any successor group health and dental insurance policy (which shall be recognized in the child support guidelines) for the benefit of the children until such time as the husband's child support obligation terminates as provided herin. If the curent health or dental policies are canceled, revoked or other wise terminated, the husband shall be responsiblefor immediately obtaining comparable insurance coverage for the children and he shall be respnsible for any and all premiums with regard to same. The parties agree that the Court will reserve jurisdiction over the issue of medical and dental coverage should husband's policy be terminated.''
My health insurance under COBRA terminated 12-01. Are we at the point whereby the Court shall reserve jurisdiction over the issue of medical and dental coverage? If not, when is my policy considered terminated for the court to decide who pays for what? Please answer on a timely basis. Thanks
1 Answer from Attorneys
Re: Father's responsibility for medical/dental coverage after coverage terminati
Well, it seems to me that the intent of the judgment is that the husband continue to provide for health and dental insurance. The statement about retaining jurisdiction is only there to enforce this obligation. The court can change the obligations of a party at any time if there exists a substantial change of circumstances, but the cancellation of your COBRA policy in and of itself is unlikely to be considered such a change. I would obtain this insurance on the children immediately. If you have other facts which you believe constitute a substantial change of circumstances that would justify a change of the insurance provisions, you should see an attorney and seek modification of the judgment.
Dan Akes
(863) 648-1700
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