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divorce, notification and appeal
Hello! My husband and I (in Oregon) filed for a divorce in December 2004. We received a letter on December 22 (that was dated December 14) saying that our case was not docketed but was entered into the register on December 10. Because, when we had taken the papers to the courthouse, we were told that a "final" response takes 4-6 weeks, we assumed that this letter was to let us know that the 4-6 week period had begun. So, we waited 6 weeks. The first week in February, we called to find out when we could expect a "final" response. The clerk said it had been mailed. After questioning further, the clerk and I figured out that the "not docketed" letter WAS the final response. I just had no idea what it meant. My health coverage is through my (ex)spouse. It was our understanding, through the "general orders" of his employer (City of Portland Fire) that he must notify his payroll department of a change in marital status, but the orders DID NOT SPECIFY a time frame. He spoke with his commanding officer, who called the payroll department to get the forms. My ex-spouse turned the forms in (through inter-departmental mail) on March 9. I have received a letter dated March 25 (I received it on March 31)stating that I AM NOT eligible for COBRA continuation because they were not notified of our divorce within the 60-day time limit. Of course, they count 60-days from December 10th (the date the "not docketed" letter said the case was entered in the register). Furthermore, it states that I have been uninsured since December 31, and that they expect payment for all medical expenses that I thought were covered during this time fram. WE did not realize our divorce was final until the first week of February. By the time my ex-spouse spoke to his commanding officer, received paperwork, and sent it back to payroll, less than 30 days had passed from the time we knew we were divorced. Is there any chance that I can appeal this decision successfully? I have learned that the 60-day time frame is a MINIMUM required by federal rules, but that an employer can choose a longer time frame. HELP!!