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Question for Big Blue
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<blockquote data-quote="OTE" data-source="post: 4260"><p>I'm not big blue but I did a lot of years of HR.</p><p></p><p>I'd suggest that you talk to your attorney. Specifically ask this question. But ask if the judge will issue an order to ex's current employer forcing them to hold his last paycheck and any other money due him if/when he leaves to pay for the COBRA. Ex will argue that there's no need for COBRA because he will enroll son in new employer's plan. Your argument is that he has a history of NOT doing that and you want to protect your son. If not, second request for court order is to notify you (on behalf of your son) of husband's departure from plan AND to allow you to enroll son in COBRA on husband's behalf. Don't think this second one flies actually but I'd ask anyway. I actually don't think that you can enroll yourself or your son in COBRA except on the occasion of your divorce. Nor do I think that the judge can order the employer to enroll your son if ex doesn't. But if you can't get the cash it's worth a shot in my humble opinion.</p></blockquote><p></p>
[QUOTE="OTE, post: 4260"] I'm not big blue but I did a lot of years of HR. I'd suggest that you talk to your attorney. Specifically ask this question. But ask if the judge will issue an order to ex's current employer forcing them to hold his last paycheck and any other money due him if/when he leaves to pay for the COBRA. Ex will argue that there's no need for COBRA because he will enroll son in new employer's plan. Your argument is that he has a history of NOT doing that and you want to protect your son. If not, second request for court order is to notify you (on behalf of your son) of husband's departure from plan AND to allow you to enroll son in COBRA on husband's behalf. Don't think this second one flies actually but I'd ask anyway. I actually don't think that you can enroll yourself or your son in COBRA except on the occasion of your divorce. Nor do I think that the judge can order the employer to enroll your son if ex doesn't. But if you can't get the cash it's worth a shot in my humble opinion. [/QUOTE]
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