My son will be 21 in another year, my employer will only kee

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PostPosted: Tue Jun 09, 2009 5:22 pm   Post subject: My son will be 21 in another year, my employer will only kee  

I am divorce and my son will be 21 in another year,
my employer will only cover him while he is in school and up to 21.

My divorce decree states I need to maintain major medical insurance for him, he does not specify any age on it.

My ex-wife is claiming is claiming I still need to keep coverage on him after he's 21? I would like to know if this is true?
exercise48
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PostPosted: Wed Jun 10, 2009 1:48 am   Post subject:   

It depends completely on what state you live in. Group contracts are required by law to cover dependent children to a certain age. As well, normally the child must be a dependent and unmarried.

We can give you the information you need, just tell us:
1. What state you reside in;
2. If your son is in school full time (college?)
3. Is he still dependent on you for support. In other words, do you still claim him as a dependent on your tax returns?

Give us the info, and we'll reciprocate!

InsTeacher

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PostPosted: Wed Jun 10, 2009 5:36 am   Post subject:   

Quote:
Group contracts are required by law to cover dependent children to a certain age.


And the divorce decree would apply the same age limit, i.e. if by your state's law specifies that the dependent child can remain under his parent's policy till he is 21 years old; your group policy would cover him till that age. However, there are certain exception under which the benefits can be expanded.

>> If the child enrolls for full time college education.
>> If he is disabled and unable to take care of himself
>> Married children who qualifies under the status of 'extended dependency'.

Please reply back to Teacher's questions and we would provide further information.
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PostPosted: Wed Jun 10, 2009 5:51 am   Post subject:   

Hi exercise48,

Quote:
My ex-wife is claiming is claiming I still need to keep coverage on him after he's 21


I guess she was awarded with the custody of your child..
When did she forward the claim to you? Does it mention any age till when you'd need to maintain it for him? What all other conditions does it bear?

Steven
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PostPosted: Wed Jun 10, 2009 10:56 am   Post subject:   

Quote:
And the divorce decree would apply the same age limit


Please don't make up answers. The divorce decree can say "18", "21", "30", "until the child gets married", "until death", or anything else. In this case, it just says that coverage needs to be maintained. Without an age limit stated, there is no age limit. Your attorney should have caught this. You need to discuss this with your attorney.
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