Legal Question in Family Law in Massachusetts

I was told that my Ex was allowed to remain on my health insurance after my divorce as long as I was paid for his insurance on the 1st of the month. The money come out of my pay check every two weeks for him. He was allowed a 14 day grace period because the court knew about his gambling problems. The judge said that after 14 days I could cancel his insurance and to notify him.

This July I still had not received his monthly payment on the 15th, so i canceled him that day because i really want him out of my life. The check arrived on the 16th and I cashed it on the 17th, because he was reimbursing me back my money that had already been used to cover him for that month.

I felt like he missed his grace period and I was following what the divorce papers said.

I had to go to court and was found in contempt for canceling him on the 15th and cashing the check. I now have to reinstate him on my insurance and pay $300 to him for legal fees for being in contempt.

1. What did I do wrong?

2. Should I not cash a check that was just reimbursing me?

3. What are MY rights next time so I am not in contempt and I can rid him from my life.

I know I can remarry to make him go away or quit my job to stop my insurance , but there must be someway to stop him from being on my insurance.


Asked on 9/09/14, 1:48 pm

1 Answer from Attorneys
Bill Farias Law offices of Bill Farias

1. Whether he was technically in contempt depends on the specific language in the agreement. And his payment arriving so close to the deadline would make a judge inclined to give him a break.

2. Cashing the check made this worse for you because the check was specifically for his insurance coverage, which you cancelled.

3. Next time, I would let more than a couple of days go by before canceling. And to protect yourself, it never hurts to send a letter to him stating that the payment is overdue and if you don't receive it in x amount of days, you will cancel. This will make the cancellation more reasonable if he doesn't comply.

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Answered on 9/10/14, 10:41 am


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