Husband threatening to cancel my & kid's coverage - COBRA

[sugarkt]

What is the name of your state? Kentucky
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***I'm in Kentucky*****
My husband and I have been separated a year. I have been unable to work (disabled w/ FBSS - 3+ surgeries & I have a morphine pump) for almost 2 years. He quit his job, then he filed for a divorce without letting me know and asked for joint custody. I filed a counterclaim for sole custody (he's been in a mental hospital on 2 occassions for 2+weeks at a time in the past year), and now he is threatening to cancel my insurance. He said he sent in COBRA payment for March.

I called the insurance co. (United Healthcare), and they said that he can cancel my daughter & I without my knowledge, and he could even call and change coverage for March (he could have payments he sent for family coverage changed to individual and have balance applied to future payments). They said I would not be able to pay the premiums myself to stay covered, and I have no rights to COBRA. Is this true?

With my health, (I'm waiting for a Soc. Sec. Disability Hearing / Medicare) I'm afraid I won't be able to find health coverage. In the meantime, I can't go without medication.

He has a new job and had said benefits would start May 1st. Can a judge order him to insure me and my daughter at his new job, and/or COBRA? If I have an atty draw up a Motion to compel him to cover me, Is that something that a judge usually just signs, or is that going to be drawn out? HELP!!!!

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[cbg]

Yes, a judge can order him to provide health insurance for you and your daughter. However, until a judge does so, he can legally cancel your COBRA. If I am understanding you correctly, he *probably* couldn't cancel it prior to May 1, but UHC has more information on your specific situation than I do.

There is no possible way for us to know how long it would take you to get a court order for the insurance.

 

[sugarkt]

Thanks - could a judge specify type of coverage?

Thank so much for your reply. UHC says he could cancel our coverage now or at anytime and could even back-cancel and I would not be allowed to COBRA. I'm going to get a motion made that he continue our coverage. Would a judge specify that he get a comparable plan?

Like I said, I'm disabled and waiting for a disability hearing. I have poor health and an implant. I don't think I could get covered anywhere else.

If not, aren't there any protections out there for dependents on insurance? There are so many financial and property laws, and there's a reason COBRA exists - what on earth are the dependents, the ones that usually need the help, supposed to do?

 

[cbg]

A judge COULD specify a comparable plan. Whether he WOULD is anyone's guess.