Can I Have My Medicare Eligibility Re-evaluated Due to Loss of Child Support?

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“My ex emancipated my son, so I no longer receive child support (it was $300.00/week) and he is no longer on his father’s health insurance plan (our son has a pre-existing condition and was supposed to have surgery soon). I am also on disability and not able to work. I recently found out that the Medicare I was expecting to go into effect in July is not available to me because I make too much money, according to their guidelines. As a result I am forced to rely on credit cards so that my son and I have health insurance. I have type 1 diabetes and my son also takes medication on a daily basis. I literally cannot afford to live. My son goes to college fulltime and works 2 days a week. Am I eligible for an increase in circumstances based on the loss of child support and the fact that I cannot work?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

First, to be clear, your son had to be involved in order for him to become emancipated; it isn’t something which a parent can do to a child. The child has to request it of the court.

You son should be eligible for free or low-cost health insurance or medical care through the university at which he is enrolled.

Finally, you should contact your local Medicare office to explain to them that you no longer are receiving the $300.00 per month in child support, and ask them what you need to do to become eligible for Medicare.

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Author: Anne P. Mitchell, Esq.

Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. She is the author of "Surviving Divorce: the Single Father's Guide" and "The Email Deliverability Handbook"

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