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  1. #1

    Default Medical Expenses and Health Savings Accounts

    My question involves child support in the State of: California

    I am the NCP (father). My employer-sponsored health plan is fairly complex. It works like this:

    My child has an annual deductible of $1250. So do I. They are tracked separately. After the deductible is met, the copay is 20%.

    As an employee benefit, my employer contributes $1000 per year to a Health Savings Account to offset medical expenses not met by the insurance provider. I can also contribute funds on a pre-tax basis, but did not do so this year. These contributions by my employer can roll over from year to year.

    My child racked up pretty much all of the expenses this year, which (automatically - the insurance company pays themselves from the fund for unmet deductibles and copays without my intervention) depleted the balance in the Health Savings Account that she and I share.

    I have requested her mother to reimburse me 50% of this depletion, as the expenses were incurred on behalf of our shared child.

    The mother objects to this, claiming that since the contributions were either made by my employer or in a tax-favored status by myself, that she should not be liable.

    My view is that since the expenses are clearly linked to our child, the mother is liable for 50%. To do otherwise would cause a financial impact to me when I visit the doctor for myself, as the health savings account is no longer available to offset my own deductible and copays. Thus I would incur a financial burden (in addition to the monthly premiums which I am paying alone) on behalf of our child that the mother does not, even though we are each separately tracked in the accounting.

    Furthermore, this is an employee benefit. The insurance company has a clearly defined deductible and copay schedule, as I mentioned above. My employer just happens to be providing a post-insurance-billing employee benefit as part of my compensation package.

    The only guidance we have is that our child is to be on my employer-sponsored plan, and that unreimbursed medical expenses are to be shared 50/50.

    It's a gray area, probably, but what are your thoughts?

  2. #2

    Default Re: Medical Expenses and Health Savings Accounts

    I would definitely ask for 50%. The health savings account is your money, taxable or not. By virtue of the child getting sick before you or other family members, it was used. So if your new wife gets sick or needs surgery that's less or no funds available for that issue.

    My husband's ex-wife would pay for medical out of her Health reimbursement account (and pay for daycare) plus get reimbursed 50% from us.

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