Medical Coverage

[Holden24]

My Kansas decree states I must provide medical coverage for minor children, and did for 10 years. It also states I must pay for 1/2 college room/board, tuition/fees. When my son turned 18, child support ended. Due to a change in employment I will not be able to provide medical during college, aside from access to the campus Health Center (included in the fees). My ex-wife does not want to provide coverage through her work - wants me to pay for extra insurance offered through college. As this falls outside of necessary costs to attend college, am I legally obligated to do so?

[seniorjudge]

We would have to know EXACTLY what the judgment in your lawsuit said.

[Holden24]

"Husband and Wife hereby agree that Husband shall maintain health and dental insurance, including orthodontia, for the minor children. Further agree that both will pay one-half of medical needs not covered."

"Husband and Wife hereby agree that Husband will be responsible for one-half of college tuition and room and board."

Payment of the Fee portion for college (which I guess I'm not obligated to pay as it's not spelled out in the decree - and goodness does she live by what the decree does and does not say) will provide Health Center services. Again, I do not have insurance through my work (for the moment), my ex-wife does but doesn't want to utilize. She wants to purchase additional insurance through son's college. Fine, but I feel she should pay for it and we'll continue to split additional costs (perscriptions, xrays, etc.) as we have been. For the past decade I have paid twice the amount the extra college insurance will cost her per month. It's her turn.

[aaron]

I would run it past a Kansas family lawyer to see how a court is likely to interpret it. You could read the language, "shall maintain health and dental insurance, including orthodontia, for the minor children", as indicating that the duty to provide insurance ends at the age of majority, but it may be that Kansas courts would enforce such a provision as long as the support order remains active (or there could be other provisions in the order which affect the duration of that provision). If that provision remains in force, it speaks for itself - "Husband shall maintain health and dental insurance".

[Holden24]

Well, the child support order has been finished for a couple of months ...I believe that says it all. The only order still in place is 1/2 payment for college tuition and room/board. (Again, I'm going to have to think about the "fees" portion being left out. Man, first time in 10 years I've had a slight upper hand).

Aside from that, I believe the document reads that if the children are over 18 (i.e., no longer minor), which one of us are responsible for the medical insurance is open for reinterpretation.

I take your point though about running it past a KS lawyer. Thank you for your assistance.

[aaron]

Is there something in the order which make you believe provisions remain in effect past the age of majority?