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  1. #1
    Join Date
    Aug 2016
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    2

    Default Division of Children's Medical Expenses Under New HSA Plan

    My question involves a child custody case from the State of: Alabama

    According to our divorce decree "Husband shall provide and be responsible for health, hospital and major medical insurance coverage for the minor children of the parties. The parties shall divide the cost of any non-covered reasonably necessary major medical, dental, orthodontic, hospitalization, prescription drug, psychiatric and optical expenses for the minor children with the husband paying 60% and Wife paying 40% thereof."

    This year my ex-husband elected to change from traditional coverage plan ($30 office copay, $1,000 deductible) to an HSA plan. Under the HSA plan each of our children have a $5,000 deductible. No medical expenses are covered until the deductible is met. His employer funds a portion of an HSA account which is supposed to cover a some of the out of pocket expenses up to the deductible. This move was optional, the traditional plan with higher coverage levels was still available.

    This change leaves my out of pocket medical expenses (at 40%) much higher than under a plan with copays and coinsurance. For a regular visit to the pediatrician, in the past I would have paid $12 (40% of the copay) Now if the visit is $230 I pay $92.00 (40% of billed charges). With four children the visits add up. I do not benefit from any of the employer paid contributions, or other benefits from the HSA account.

    Do I have any legal recourse?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Medical Expenses Under New Hsa Plan

    Have you looked into buying your own health insurance?

    Dad is also paying more with this plan. Bear that in mind.

  3. #3
    Join Date
    Aug 2016
    Posts
    2

    Default Re: Medical Expenses Under New Hsa Plan

    I am self employed and covered under an individual plan. He is paying more out of pocket but is doing so out of the HSA fund that is partially funded by his company. He opted into this plan voluntarily - could have elected to stay under the old plan. The HSA premiums were lower as well so he also benefits from those savings.

    We have an amicable divorce - he is in and out of my house daily - I have physical custody but it's in everyone's best interest for us to get along. I'm not looking to start a fight but my income is roughly 1/3 of his and adding this to my monthly budget is going to be a significant change.

    To me the change violates the spirit of the divorce decree and what medical insurance covers. We have both worked in this field and have a better than average understanding of these types of policies.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Medical Expenses Under New Hsa Plan

    Quote Quoting amyek
    View Post
    I am self employed and covered under an individual plan. He is paying more out of pocket but is doing so out of the HSA fund that is partially funded by his company. He opted into this plan voluntarily - could have elected to stay under the old plan. The HSA premiums were lower as well so he also benefits from those savings.

    We have an amicable divorce - he is in and out of my house daily - I have physical custody but it's in everyone's best interest for us to get along. I'm not looking to start a fight but my income is roughly 1/3 of his and adding this to my monthly budget is going to be a significant change.

    To me the change violates the spirit of the divorce decree and what medical insurance covers. We have both worked in this field and have a better than average understanding of these types of policies.
    Have you tried asking him to cover a greater portion of the medical expenses since he is benefitting from the lower insurance payment and the company's contributions to the HSA?

    If you have and he doesn't see the fairness in that then you might want to file for a child support modification/recalculation and ask that he be responsible for a greater share of medical expenses since he elected to do that.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Medical Expenses Under New Hsa Plan

    Quote Quoting llworking
    View Post
    Have you tried asking him to cover a greater portion of the medical expenses since he is benefitting from the lower insurance payment and the company's contributions to the HSA?

    If you have and he doesn't see the fairness in that then you might want to file for a child support modification/recalculation and ask that he be responsible for a greater share of medical expenses since he elected to do that.
    And it's important to note that it's entirely possible for the answer will be "no".

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Medical Expenses Under New Hsa Plan

    It's also entirely possible that this is not a choice on your ex's part. More and more employer's are only providing high deductible plans.

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