The father/husband has not been complying with the divorce agreement. In the agreement, it states that he must provide health insurance for both of our kids, 23 and 20. And just recently, the kids have discovered that they no longer have health insurance, the father had cancelled it without notifying me or any of the kids. What are my next steps? Should I take him back to court, speak to my divorce lawyer, or try to come to unofficial, out-of-court agreement?
It certainly wouldn't hurt to first talk with your ex-husband to try to work this out. You might suggest that perhaps he didn't recall the length of time during which he had agreed to have the kids insured, and ask him how soon he can get the kids insured again. If the kids incurred medical expenses (or a penalty) they otherwise would not have, talk to your ex about reimbursement for the kids as well.
If your ex won't cooperate/you can't work things out, you should then seek the advice of a family lawyer, whether it be your former divorce lawyer or other counsel.
This is a tricky area - since the kids are over 18, he is not required to cover them on health insurance. Most courts will hesitate to include things for adult children (insurance, college tuition, etc) in a judgment, as it can be very difficult to enforce.
Next steps will depend on a few things: 1. What exactly does the judgment say? 2. Was it a consent judgment where the parties all agreed to and signed the judgment If yes - you might be able to enforce, but you would have to file a motion. I recommend scheduling a consultation with an attorney today to discuss details and options.
Whether you should retain an attorney or work out an agreement may depend on 1) how much of uninsured medical expenses were incurred by your children (If they ended up with $20,000 in uninsured medical expenses due to his failure to comply with the judgment, retain an attorney immediately); 2. if it is only a matter of putting the children back on his plan, you might as well contact him yourself first. If he puts them back on the plan, great. If he doesn't, it shows that you were reasonable and tried to resolve it yourself first and then retain an attorney to file a motion for you. Judges always appreciate that.
