Can he keep us off his medical insurance?

My husband left my son and I 7.5 months ago for this slu+ at work. He ended up getting fired over the affair. When he lost his job, I applied for cobra for all three of us right away. He got another job right away so I took him off the cobra. However, he never told his new employer we existed. I have been paying close to $1000/month to cover my son and I. This has been going on for 8 months now. When my attorney contacted his attorney for reimbursement, my husband replied that he wasn't going to pay the cobra fees because he wasn't consulted on the decision for us to have cobra. A$$hole!

I have a hearing on May 6 for a judge to rule if he has to pay me back the $8K. What do you think my chances are?

Seriously, tell it like it is but I'm hoping for reassuring news from you all. Bring it!

He will be ordered to place your son (as long as he is still a minor) on his insurance. He MAY be ordered to put you on the insurance as well, until the divorce is final. Insurance companies do not allow unrelated people to be put on a family insurance policy. As far as getting any portion of the $8K back, that will be at the discretion of the Judge hearing the case. He could order him to pay the full amount, the portion for the child only, none at all or any amount in between. Without knowing who the Judge hearing the case is, it's impossible to know what your chances are.

The District Attorney's Offices in every state have a Family Support Division. This service is for parents who are both rich and poor. They are able to do interstate actions as well. If you are not signed up with your Family Support Division, you are throwing your money away on lawyers. The law is clearly defined in every state as to child support, medical care, etc. In many states, a parent who fails to support, but has the ability to do so, can have their income tax refund garnished and/or lose their driver's license, or worse. Remember when dealing with Family Support that "the squeaky wheel gets the grease."

I think that you and your son are covered by cobra if you were on his insurance. I am sure that he used cobra. I am not a lawyer, but it should turn out okay.