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Ex Stopped Making COBRA Payments

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  • 08-26-2008, 07:07 PM
    speedlabel
    Ex Stopped Making COBRA Payments
    My question involves divorce in the State of: Michigan

    My friend's ex was ordered (in the divorce decree) to pay 1/2 of her monthly COBRA payments and was good about doint it until 2 months ago when he stopped. How do you collect/garnish? Should she be mailing him a bill every month? Please help! Thanks!
  • 08-27-2008, 05:37 PM
    Xena
    Re: Ex Cops-Out on His 1/2 of the COBRA
    Quote:

    Quoting speedlabel
    View Post
    My question involves divorce in the State of: Michigan

    My friend's ex was ordered (in the divorce decree) to pay 1/2 of her monthly COBRA payments and was good about doing it until 2 months ago when he stopped. She is broke and cannot lose her coverage. How do you collect/garnish? Should she be mailing him a bill every month? Please help! Thanks!

    First, is COBRA coverage still available?
    I ask because there is a limit on the coverage, so that's your friend's first step- determine if the coverage is still available.

    If it is, your friend should contact her ex to let him know that it's still available because it's possible that he thinks it's not. If he still won't pay, she can file for contempt to enforce the court order.
  • 08-27-2008, 06:02 PM
    speedlabel
    Re: Ex Cops-Out on His 1/2 of the COBRA
    Thank you! Yes it is still available as she is scraping up the $ to make the payments. Contempt seems to be the keyword here. Thanks again.
  • 08-27-2008, 06:03 PM
    speedlabel
    Re: Ex Cops-Out on His 1/2 of the COBRA
    ps: does the court handle the garnishment for you or do you need to figure out how to do that yourself?
  • 09-07-2008, 08:18 PM
    Xena
    Re: Ex Cops-Out on His 1/2 of the COBRA
    Quote:

    Quoting speedlabel
    View Post
    ps: does the court handle the garnishment for you or do you need to figure out how to do that yourself?

    When your friend files for contempt, she can request that the court order a garnishment.
  • 09-08-2008, 07:59 PM
    speedlabel
    Re: Ex Stopped Making COBRA Payments
    Thanks. I know he'll be pursuing the fact that child support, alimony + cobra takes slightly more than 50% of his income now because he voluntairly reduced his overtime and went to day-shift (which pays less).

    We have his Social Security Statement from 2004 which shows he earned an average of $75,000 per year right up through the filing of the divorce in 2003 (he's the defendant) - but now he's probably at $50,000.

    Child support is $500 per month, alimony is $1,000 per month and his 1/2 of the COBRA is $232 per month.

    Will the court allow him to voluntarily reduce overtime and switch to a lower paying shift and therefore get-away-with not paying his 1/2 of the COBRA?

    Thanks!
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