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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-18-2011, 11:16 AM
Pharah Pharah is offline
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Default Group Benefits clause and the Ontario Court of Justice

Attended Settlement Conference yesterday and one of the points that has been brought up is group benefits for our son. I personally don't have group benefits but my ex and my new spouse both have benefits that can cover my son.

To add my son outside of normally enrollment, my spouse needs a life changing event or a court order (or we wait until January 2012). The judge has stated that she does not have jurisdictional over this. I have checked canlii and all the cases I have found are Superior Court.

If my ex and I are to agree on this section, would our Judge then be able to include it in the final order?
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Old 01-18-2011, 03:07 PM
BitHunter BitHunter is offline
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Yes. Judges will include anything which is not unlawful if you two agree in it. Our final order contains this clause too, I must keep my ex and my child on my group benefits. (Ontario Court of Justice) (as a side note: Justice my a*s)

The practical problem you might face that you are able to add your spouse and your child to your group benefit, but it is highly unlikely that your new spouse will be able to add your child to her group benefit, but have your current spouse call her insurance company.

(The practical problem I just bumped into that now as I have my ex on my group benefits I can't add my current girlfriend/almost spouse to it, as the insurance company thinks that two females are too much. I would be curious how Mormons solve this problem?)
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Old 01-18-2011, 03:27 PM
Pharah Pharah is offline
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My current spouse has already contacted her insurance company with regards to this when I was added to her benefits however she was given the wrong information by her HR rep regarding joint custody (they advised that I would have to be primary however there is no primary in our situation) so she did not add my son during the open enrollment period (which is ever two years).

Once she has an open enrollment, he will be added. I was just hoping to have this done a bit sooner, so I asked the Judge for an order which includes benefit coverage for my son.

That is interesting about your ex spouse though. Do you also pay SS? Does your ex work?

Last edited by Pharah; 01-18-2011 at 03:29 PM.
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Old 01-18-2011, 03:37 PM
BitHunter BitHunter is offline
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She is voluntarily unemployed. I didn't pay SS at the time of the order. (I offered her $6400 education funds in that order, since then we converted it to SS what I pay out during this year)
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Old 01-18-2011, 05:18 PM
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InterprovincialParents InterprovincialParents is offline
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FYI Pharah, you can also ask for a life insurance policy to pay off all child support calculated to the age the children cease to be that...and proportionate share of post-secondary education...

Many parents do them when needed, as children age. Takes less time and fees to do them all at once.
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