MUST EX HUBBY STILL PAY HEALTH INSURANCE AFTER DIVORCE?

[goldie 0]

I know if it comes to food stamps and other social services help they will get back to him and get the money from him, but how about our health insurance? We will be finally dirorced next monday and if he is not obligated to pay the health insurance anymore, I will not be able to afford any.

What does the law say? Thanks so much!

[Bobby+Umit 161]

He is not responsible for that - unless there was some sort of alimony/conditions in the divorce settlement.

(confused the two parties)

Edited June 30, 2009 by Bobby_Umit

[imaisha 0]

Umm... I'm pretty sure she is responsible for covering it herself. The requirement of maintaining the family at 125% of the poverty line does not include health insurance. Welcome to the club of millions of Americans without insurance.

[imaisha 0]

Unless you end up with state funded coverage for low income famlies. Not sure if that's considered means tested though, which would mean he would have to pay them back for that (if they come after him for it). Private insurance though, no he won't have to cover.

[MihaelaNYS 10]

http://www.divorcenet.com/states/new_jerse...nce_and_divorce

Look for COBRA coverage

You got to pay for it if you want any.

Unfortunately, I am in the same situation as you.

...I will look for an employer that offers health insurance...

Unless is stipulated in the settlement, he doesn't have to pay for anything for you.

Move on with your life, forget about him. You are on your own.

[john_and_marlene 162]

His obligations to the government were spelled out in the I-864.

His obligations to you will be spelled out in the divorce decree.

[goldie 0]

http://www.divorcenet.com/states/new_jerse...nce_and_divorce

Look for COBRA coverage

You got to pay for it if you want any.

Unfortunately, I am in the same situation as you.

...I will look for an employer that offers health insurance...

Unless is stipulated in the settlement, he doesn't have to pay for anything for you.

Move on with your life, forget about him. You are on your own.

Thanks for all the info, really interesting.. kinda weird, so if I dont have a job, they will get back to him if I get food stamps, but if I end up in a hospital, and cant pay the bill, I am on my own... well, at least I will try to get my little girl in a plan over the social security program, I think they do this for children...

[Chica Yeyé 41]

Indeed - he is not responsible for paying your health insurance. That has nothing to do with the Affidavit of Support.

[Ladylethal 12]

http://www.divorcenet.com/states/new_jerse...nce_and_divorce

Look for COBRA coverage

You got to pay for it if you want any.

Unfortunately, I am in the same situation as you.

...I will look for an employer that offers health insurance...

Unless is stipulated in the settlement, he doesn't have to pay for anything for you.

Move on with your life, forget about him. You are on your own.

Thanks for all the info, really interesting.. kinda weird, so if I dont have a job, they will get back to him if I get food stamps, but if I end up in a hospital, and cant pay the bill, I am on my own... well, at least I will try to get my little girl in a plan over the social security program, I think they do this for children...

Make sure the Social Security Program is not considered a means tested benefit either.

[JimVaPhuong 4,863]

I know if it comes to food stamps and other social services help they will get back to him and get the money from him, but how about our health insurance? We will be finally dirorced next monday and if he is not obligated to pay the health insurance anymore, I will not be able to afford any.

What does the law say? Thanks so much!

I know there is a lot of confusion about this, even among lawyers. This is because this is largely virgin territory, and the results in courts have been wildly varied.

Technically, the terms of the I-864 do obligate your sponsor to support you at a level which is 125% above the poverty level for a household of his size. This obligation doesn't end with divorce. In fact, it doesn't end until you become a citizen, or you lose your legal status in the US, or you accumulate 40 quarters of Social Security coverage, or either of you dies. In addition, the "contract" portion of the I-864 specifically states:

If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I-864 that you signed, that person may sue you for this support.

This is where it get's murky.

No US government agency is going to lift a finger to enforce the terms of the I-864 with regards to supporting you. In fact, the above excerpt makes it pretty clear that you have to sue in a civil court in order to enforce it, and the civil courts have not been at all predictable in how they respond to lawsuits of this kind. Some courts have refused to even hear cases brought by beneficiaries because they say the I-864 constitutes a contract between the sponsor and the US government, and only the US government can request enforcement of it. Some courts have refused to hear the case unless the beneficiary can provide the signed original contract, which presumably the US government has. Other courts have sided with the beneficiary and granted relief, but there hasn't been any consistent agreement between the courts as to what constitutes the correct level of relief under the terms of the I-864. Some courts have deemed that the beneficiary should directly receive 125% of the poverty level for one person. Other courts have equally split the 125% level by the number of persons in the sponsor's household.

What's more, nothing in the I-864 obligates the sponsor to pay for the legal services necessary to bring a suit to court, and some attorneys won't touch a case unless the beneficiary can provide payment for their services.

In other words, the I-864 makes the vague offer of a remedy to the beneficiary, and then drops the ball into the state courts to figure out how to provide this remedy.

If you choose to pursue this route, and you find an attorney willing to take the case, and you succeed in getting a judgment in court, and your ex-husband actually pays the amount ordered - and if you're lucky - you may get a portion of the 125% of the poverty level. Expect the amount to be offset by whatever you earn on your own. This probably won't be enough to live comfortably on, but it may be enough to pay for your medical insurance.

Good luck!

[rebeccajo 14]

There is no 'social security program' for insuring your child.

There might be a Medicaid or CHIPS program in your state.

If your child is a USC, she is entitled to these benefits and they have no bearing on the affidavit of support.

[nurse1967 287]

Why don't you think about trying to get a job and provide your own insurance for you and your child??? What would you have done in your native country??

[retiredfromforum 1]

To answer your question on if/when he has to pay you health insurance. No, unless you win that as a settlement in divorce court. How long were you married? Don't expect to get much out of the court if anything if you were not married a very long time.

Good luck with enforcing the affidavate of support. It is as enforceable as a piece of toilet paper. You can only get the cash back per my research if you become a 'public charge' meaning on welfare. If it were only so easy to just go up and say "i dont want to work, give me welfare and let my ex pay for it all" i think there would be a very large percentage of people on welfare. As it is, they will look at you and see you can probably work with no problems and tell you to get a damn job.

That simple

or, go back where you came from...that is also simple.

[rebeccajo 14]

Why don't you think about trying to get a job and provide your own insurance for you and your child??? What would you have done in your native country??

Maybe there was national health insurance in her country?

Why don't you chill out.

To answer your question on if/when he has to pay you health insurance. No, unless you win that as a settlement in divorce court. How long were you married? Don't expect to get much out of the court if anything if you were not married a very long time.

Good luck with enforcing the affidavate of support. It is as enforceable as a piece of toilet paper. You can only get the cash back per my research if you become a 'public charge' meaning on welfare. If it were only so easy to just go up and say "i dont want to work, give me welfare and let my ex pay for it all" i think there would be a very large percentage of people on welfare. As it is, they will look at you and see you can probably work with no problems and tell you to get a damn job.

That simple

or, go back where you came from...that is also simple.

Bitter..........table for one.

[SuperDuper! 230]

There is no 'social security program' for insuring your child.

There might be a Medicaid or CHIPS program in your state.

If your child is a USC, she is entitled to these benefits and they have no bearing on the affidavit of support.

Dont look now, but Arnold is about to ELIMINATE ALL WELFARE programs in California, including for children.

As goes California, so goes the nation, they say.