Legal Question in Family Law in New Jersey
Health Insurance
I was a SAHM for our 18 yr marriage. I went back to work p/t 3 years ago. Had myself,husband & our kids on health plan. Left that job, covered under COBRA for 18 months. That is ending this month. New employer,very small company..just starting taking contributions as the business is not doing well. When my COBRA is up at the end of the month, he has offered me either single plan or employee/child. He says he will not pay for my stbx. MY attorney sent a letter to his attorney, offering him the opportunity to be inclusive on a family plan with my employer!! My new boss say's NO, he does not have to offer me insurance at all. I was planning on having the employee/child plan...please don't tell me I will have to provide him with insurance. I bring home $303/week. He is self employed making approx. $91K/year. I am finding many things that make absolutly no sense in the NJ family law division. I filed for divorce in 1991, and this is dragging on way too long. So far everything I have read leads me to believe that I will be expected to pay for him...sure would like to know what I'm suppose to do if thats the case.
1 Answer from Attorneys
Re: Health Insurance
Your question is worded in a somewhat confusing manner. However, I will try to respond.
(For example, I don't know what a "stbx" is.)
From the last part of your question, am I correct that you started divorce proceedings in 1991--and they are still on-going? This is difficult to believe. If you have minor children, however, it is quite possible there is still a custody/visitation/child support etc. order which remains in effect.
If there is a significant change in circumstances which requires modification of the order, whether regarding health insurance or otherwise, you can petition the court to modify the existing order (if any).
I am not sure why you think your employer has any legal obligation to pay for family insurance, including your spouse (ex-spouse?), as an employee benefit. Evidently, your existing lawyer has not told you that you have any legal right to have your employer pay for this.
If you are actually divorced at this point from your husband/ex, then you would--generally speaking--have no obligation to pay for HIS health insurance, unless you have agreed otherwise. You really need to talk with your attorney about this and ask your attorney to explain what is going on to you.
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
(*Licensed in New Jersey, Maryland, and Dist. of Columbia)
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
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