Health Insurance

[Jade]

Ex and I reached an agreement and divorced last October.  I am court ordered to provide the health insurance for the kids which I do (or did, will get to that later) via my job.

Well, I got a better job and quit my old one.  My old boss (the controller) sent me a notice about COBRA giving me 60 days from the receipt of the letter to respond one way or the other.  This gives me until Aug. 11.  Well, my new insurance kicks in Aug. 1st so I was planning on not responding until after that and only electing COBRA if I used the insurance (and only if my out of pocket expense would be more than the COBRA pmt.  I would pay for this out of pocket expense myself).  This would save me a bundle of money and wouldn't interrupt my insurance.

Well, I just got a notice from my insurance company that my policy was canceled effective 5/31/07.  Apparently, my old boss decided that the federal law (which she cited in her COBRA letter to me) doesn't apply to her company.  I called the insurance company and am mailing them her letter to me that gives me 60 days.  They stated that they don't know if they would be able to reinstate me, even if I elect COBRA.  They told me to send them the letter from the controller. 

I know that if something were to happen and the kids or I had to go to the hospital, that I would have a very strong case against my former boss to pay for the medical expenses since she terminated the insurance before receiving any type of notice from me.  She canceled it before 30 days was up. 

My question is:  If my ex finds out and files contempt of court charges against me even though it was wrongfully canceled and I am working on reversing it, will the charges stick? 

[Lee Borden]

My guess is that your priorities should be in this order:

• Get coverage (almost any coverage) in place for you and your children
• Protect your position vis-a-vis the other parent by communicating clearly what actions you are taking and why
• Explore opportunities to reduce costs, like obtaining employment with an employer who provides group health insurance, shifting insurance to the other parent, and purchasing insurance on the private market or from your state.
• Explore any rights you have against your former employer

My guess is that your former employer IS covered by COBRA unless your work force is smaller than 20 employees.