Jan L. Warner & Jan Collins
Question: I was diagnosed with multiple sclerosis a year before my husband divorced me. Because I was unable to take care of our son, I agreed for my husband to have custody. He, in turn, agreed to pay me alimony and to make sure I had full health insurance coverage—which included my medications -- until I qualified for Social Security Disability and received Medicare. It has taken me three years to get my disability, and I have two years until I get Medicare. But my husband remarried and did not pay the premiums for my health insurance. When I found out, he told me that he could no longer afford to pay the premiums and that I should get Medicaid. He has a good job and just bought a new house for him and his new wife. I will need treatment and coverage until I get Medicare. I own the home that I got in the divorce and barely eke by with my disability and alimony.
Answer: What probably occurred is that after three years of COBRA coverage, the cost of your health coverage at his place of employment went from the comparatively low group rate to an astronomical individual rate. But your ex should have found out about this so he could have planned for it when he agreed to continue your coverage. And, very frankly, your lawyer should have let you know about it, too. And should have let you know that Medicare did not cover your prescriptions.
There is no way for you to get a new policy because of your pre existing condition. Your only other coverage option may be the health insurance pool in your state that, if available, will be very expensive and provide insufficient coverage. Bottom Line: The cost of your treatment and prescriptions will come from someone's pocket. We suggest that you first contact your ex and see if he can get you reinstated which is unlikely, but possible. If not possible, then we suggest that you see your lawyer who should bring a proceeding to require your ex to pay your medical bills just as if he were the insurance company until he either reinstates your coverage or replaces it.
Question: My divorce decree did not make any provisions for the college education of our child, and his father, who is a professional, will not contribute to his tuition and collegiate expenses. How does a single mother on a teacher's salary meet this need? The father cut off support when our son reached age 18. Shouldn't the lawyers who handled the divorce have anticipated the possibility of this need and done something about it?
Answer: Because the financial situations of parents, the capability of a child, and the cost of education dramatically change with the passage of time, we think it would be unreasonable to expect that anyone could convince a judge to rule on facts that have not yet occurred. Likewise, we think it would be just as unreasonable to expect parents to agree to open ended financial commitments years in advance when the cost is unknown.
That said, if your child deserves and could benefit from a collegiate education, the fact that the decree makes no provisions does not prevent your son from getting assistance from both parents. If you, the father, and the child can’t resolve the questions of entitlement, cost, and contributions, then the child must resort to the courts to resolve the issues based on everyone’s current financial situation.