Reimbursement Of Medical Expenses For Children’s Health Insurance

mens divorce lawyerQuestion:

My question is about children’s health and reimbursement of medical expenses.

My wife and her ex-husband’s divorce decree states that when either party makes a medical payment “the other party” shall reimburse the appropriate amount within 30 days. My wife recently received from her ex-husband a reimbursement of out-of-pocket medical expenses, but the check he provided was solely from his wife’s Health Savings Account.

Is this allowed since the ex-husband’s new wife is not “the other party” of said divorce decree?

Answer:

I am only licensed to practice law in Illinois so I cannot offer legal advice on divorce on the laws in other states. However, I can provide you with a general overview regarding reimbursement for medical expenses.

As long as your wife is getting reimbursed for the medical and dental expenses, it does not matter where the funds come from.

Therefore, your wife’s ex-husband is in compliance with their divorce decree so long as he is paying the reimbursement, even if his current wife is providing the funds.

While this arrangement seems to comply with the divorce decree, I cannot offer an opinion regarding whether this payment complies with the specific requirements of the new wife’s Health Savings Account program offered by her employer, or the tax consequences associated with using the Health Savings Account for this payment.

You should contact a family law attorney in your area for specific divorce advice for men.

To schedule an appointment with a Cordell & Cordell mens divorce attorney, including Erin Brockhoff, an Associate Attorney in the Belleville, Illinois office, please contact Cordell & Cordell.

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