Section 125 FSA change for Court Ordered Medical Insurance of a depend

[Guest jzastrow]

We have an employee who has had a court order issued to him to add on a dependant who was not previosly covered on his medical insurance plan. We have added on his dependant per this court order and now the employee would like to start contributing to a section 125 Medical Flexible Spending Account also. This would be a mid-year enrollment as he did not sign up/enroll at the beggining of the plan year. There was no Qualified Family status change (i.e birth, los of other coverage, divorce), the enrollment was strictly by court order.

My question is: Do we have to allow him to enroll in our secton 125 Medical Flexible spending account to pay for things like deductables and co-pays even though it is mid-year? and there was no "qualifying life event"?