Legal Question in Family Law in New Mexico

Paying insurance for a child who is not a minor

Can a provision in a final divorce decree be inforced if a child is no longer a minor. In my final decree it states that I will carry my youngest daughter on my health insurance through my job, until she is 25 and still in college. She is now twenty years old. I recently re-located to another state and am currently unemployed. So is this inforcable wheather I am working or not . If it is what can the court do to inforce it, such as garnish wages


Asked on 1/11/07, 6:00 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Paying insurance for a child who is not a minor

I'd have to read your divorce decree to give you more than a hypothetical answer.

Short answer is yes, (at least in Washington) orders of child support can require parents to support children after they turn 18. Its called post - secondary support, typically it is for college. NM may be different, I don't know.

I don't see information in your question related to your daughter's school status, and it sounds as though it matters pursuant to your divorce decree. Furthermore, it is my understanding that once the child is no longer in school, that you cannot continue to carry her as a dependent for health insurance purposes.

Nowadays, orders of child support have whole sections dealing with insurance issues, and require parents to provide insurance so long as insurance is available, for the duration of the order of child support.

If you are between jobs, is COBRA a possibility for you?

The Court can take enforcement action so long as they determine the order is enforceable. Enforcement action can include garnishment, or even better, license suspension.

But I would not count on her age making the order unenforceable.

Hope this helps. Powell

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Answered on 1/11/07, 7:28 pm


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